A US appeals court has reinstated a Tennessee law that prohibits doctors from providing gender-affirming care to transgender minors. The law, which includes a ban on procedures such as puberty-blockers and gender-affirming surgery, can now go into effect immediately. The decision by the US court of appeals for the sixth circuit reverses a lower court’s decision that had blocked the enforcement of the law while it was being challenged.
Advocacy groups that had challenged the law were unable to convince the panel of judges that the law violated the US constitution. In a 2-1 vote, the judges determined that the groups were unlikely to prevail on their claims. Writing for the appeals court, Judge Jeffrey Sutton argued that federal judges should not remove a contentious topic like gender-affirming care from the democratic process.
Tennessee’s law is part of a broader trend among Republican lawmakers seeking to restrict medical care for transgender youth. Supporters of the law argue that it is necessary to protect minors from potential harm, while medical associations maintain that gender-affirming care can be life-saving. The law specifically prohibits any medical procedure that helps minors identify with a gender other than the one assigned at birth.
Similar laws in five other states have been blocked by federal judges who deemed them unconstitutional, citing a violation of equal protection guarantees. However, the appeals court’s decision on Saturday suggests that in the absence of a clear constitutional violation, matters of medical care and the protection of minors are best left to state legislatures.
While Judge Helene White voiced her belief that Tennessee’s law is likely unconstitutional as a form of sex discrimination, the appeals court plans to reach a final decision on the matter by September 30th. The decision will have significant implications for transgender minors and their access to gender-affirming care.
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