Court Allows Tennessee to Enforce Ban on Transgender Care for Minors

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Tennessee’s prohibition on gender-affirming care for transgender minors has been granted temporary permission to take effect, following a recent decision by a federal appeals court. The ban, which includes therapies such as hormone blockers and surgeries, was previously deemed unconstitutional by a district court judge in Tennessee due to its discriminatory nature based on sex. However, the Sixth U.S. Circuit Court of Appeals in Cincinnati, in a 2-1 ruling, has allowed the state to proceed with the ban, citing the importance of legislative involvement in determining policy matters concerning transgender care.

While this ruling is interim and subject to further review by the appeals court, Chief Judge Jeffrey Sutton emphasized the need for extensive debate on such crucial matters, particularly regarding the long-term well-being of children experiencing gender dysphoria. Tennessee’s attorney general, Jonathan Skrmetti, hailed the decision as a significant victory, but acknowledged that the case is ongoing.

Notably, Tennessee is among 20 states that have recently implemented restrictions or outright bans on gender-affirming care for minors. While federal judges in Indiana and Kentucky have halted the enforcement of similar laws, an Arkansas judge has struck down the ban in that state.

Although dissenting opinions exist among judges on this issue, the ruling from the Sixth Circuit stands for now. However, Judge Helene White, while agreeing that the Tennessee law is likely unconstitutional, suggested that her ruling should have been limited to the plaintiffs in the lawsuit and the Vanderbilt University Medical Center, rather than applying statewide.

The American Civil Liberties Union (ACLU) expressed disappointment with the ruling and affirmed its commitment to continue challenging the law alongside its Tennessee chapter and two law firms. The federal government has also initiated its own legal challenge against the Tennessee law.

Tennessee’s law prohibits healthcare providers in the state from offering hormone treatments or surgeries to transgender youth when the purpose is to allow the child to express a gender identity that does not align with their reproductive system’s inherent characteristics.

The passage of this law was supported by Tennessee’s Republican-dominated General Assembly and received some backing from Democratic lawmakers. Allegations that Vanderbilt University Medical Center prioritized profit in establishing its transgender health clinic played a role in shaping the legislative response, with videos surfacing of a doctor discussing the financial gains of gender-affirming procedures and a staff member suggesting resignation for those with religious objections.

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