Texas high court allows law banning gender-affirming care for transgender minors to take effect

The Texas Supreme Court has granted permission for a newly enacted state legislation that prohibits gender-affirming care for minors to become effective. This development positions Texas as the most populous state to implement such restrictions on transgender youths.

Legal advocates representing families and medical professionals, including the American Civil Liberties Union, have denounced the law as “cruel,” in response to the decision made by the high court on Thursday.

In a joint statement, the advocacy groups stated, “Transgender youth and their families are compelled to confront the beginning of the academic year with apprehension about the challenges that lie ahead. However, it is essential to emphasize that the battle is far from concluded.”

In the preceding week, a judge in a state district court determined that the impending law violated the rights of transgender minors and their families to pursue appropriate medical treatment. The ruling also found that the law impinged on doctors’ capacity to adhere to “established, evidence-based” medical guidelines, risking the revocation of their licenses.

Subsequently, an injunction was issued by the judge, temporarily blocking the law. State authorities promptly appealed this decision to the highest court in Texas responsible for civil cases.

In a move that lacked explanation, the all-Republican Supreme Court rescinded the injunction, permitting the law to come into effect. The order issued by the Supreme Court did not address the lower court’s ruling that the law is unconstitutional, and a comprehensive hearing is anticipated.

While over 20 states have implemented laws aimed at prohibiting certain gender-affirming care for minors, the enforcement of some of these laws is still pending or has been halted by judicial intervention.

The Texas law hinders transgender minors from accessing hormone therapies, puberty blockers, and transition surgeries, despite medical experts asserting that such surgical interventions are seldom performed on children. The legislation requires children who are already undergoing the banned medications to be gradually discontinued from their usage in a manner deemed “medically appropriate.”

Jonathan Covey, the policy director of Texas Values, a conservative organization that endorsed the law, remarked, “The Supreme Court’s decision today makes Texas children safer. Safeguarding children from potentially harmful and hazardous gender transition surgeries and puberty blockers is unquestionably in the child’s best interest, and this is something that garners consensus.”

The lawsuit contended that the Texas law will have dire consequences for transgender adolescents if they are unable to access vital treatments endorsed by their medical practitioners and parents.

Several medical professionals who treat transgender minors have voiced concerns about the potential decline in their patients’ mental well-being, which could potentially escalate to suicidal tendencies, should they be denied access to safe and efficacious treatment.

The Texas ban, enacted in June and signed into law by Republican Governor Greg Abbott, also marked the first instance of a governor ordering an investigation into families of transgender minors receiving gender-affirming care.

Frequently Asked Questions (FAQs) about Gender-affirming care restrictions

More about Gender-affirming care restrictions

• Texas Supreme Court Allows Law Restricting Gender-Affirming Care for Transgender Minors
• American Civil Liberties Union (ACLU)
• State District Judge Ruling on Texas Gender-Affirming Care Law
• Overview of Gender-Affirming Care Laws Across States
• Texas Values Statement on Gender-Affirming Care Law
• Concerns of Medical Professionals Regarding Transgender Youth
• Governor Greg Abbott’s Announcement of Investigation