In a recent development, a federal appeals court granted temporary approval to Tennessee's ban on gender-affirming care for transgender youth. The Sixth U.S. Circuit Court of Appeals in Cincinnati reversed a previous ruling from a district court judge, allowing the state's ban on therapies like hormone blockers and surgeries for transgender youth to go into effect, at least temporarily.
Last month, a district court judge in Tennessee deemed the state's new law unconstitutional, citing discrimination based on sex. According to ABC, the judge blocked significant portions of the law from taking effect.
However, the Sixth Circuit Court of Appeals granted an emergency appeal from Tennessee in a 2-1 ruling. Chief Judge Jeffrey Sutton stated that decisions regarding emerging policy issues like transgender care should be left to legislatures rather than judges, emphasizing the importance of robust debate on matters that impact the long-term health of children facing gender dysphoria.
Transgender Health Care Ban in Tennessee Gets Temporary Approval from Appeals Court
Tennessee's attorney general, Jonathan Skrmetti, lauded the ruling as a significant win, asserting that the ban can now be fully enforced. However, it's important to note that the ruling is preliminary and will remain in effect until the appeals court conducts a comprehensive review of the appeal, with the goal of resolving the case by September 30.
Tennessee is one of over 20 states that have recently implemented bans or restrictions on gender-affirming care for minors. While federal judges in Indiana and Kentucky have blocked similar laws, and a judge in Arkansas struck down their state's law, the ruling in Tennessee stands as the first federal circuit to allow a ban on transgender health care for minors to go into effect.
The dissenting judge, Helene White, believes the Tennessee law is likely unconstitutional but suggests a narrower application, limiting the ruling to the plaintiffs who filed the lawsuit and the Vanderbilt University Medical Center where they sought care.
Advocacy groups, including the American Civil Liberties Union (ACLU), its Tennessee chapter, and two law firms, expressed disappointment and heartbreak over the ruling. They reassured transgender youth in Tennessee that the fight is far from over and that they will continue to challenge the law until it is permanently defeated. The federal government has also filed a separate challenge to the Tennessee law, adding to the ongoing legal battles surrounding transgender rights and healthcare access.
Appeals Court Temporarily Allows Tennessee's Ban on Transgender Therapies for Minors
Tennessee's law prohibits health care providers from offering hormone treatments or surgeries for transgender youth if they are intended to allow the child to express a gender identity that contradicts the immutable characteristics of their reproductive system.
The controversy surrounding the law arose after Vanderbilt University Medical Center faced accusations of profit-seeking in relation to their transgender health clinic. Videos emerged showing a doctor discussing the financial benefits of gender-affirming procedures, while another video captured a staffer suggesting that those with religious objections should quit.
The ruling sets a precedent in the Sixth Circuit, encompassing Michigan, Ohio, Tennessee, and Kentucky, and marks a significant milestone in the ongoing battle over transgender rights and access to healthcare for minors. The fight continues as opponents vow to challenge the law until it is permanently struck down.
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