Federal Appeals Court Allows Tennessee Law Banning Transition Care for Transgender Youth
In a groundbreaking ruling, a federal appeals panel has announced that a Tennessee law banning hormone therapy and puberty blockers for transgender youth can go into effect. This marks the first time a federal court has fully allowed a law prohibiting transition care in the United States.
The decision was made by a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in Cincinnati. It comes less than two weeks after a district court judge temporarily blocked the ban on hormone therapy and puberty blockers. The panel of judges will now consider a broader appeal regarding the temporary hold on the law, with a final decision expected by September 30.
The ruling poses a significant setback for transgender youth, their families, and their allies, who have turned to the country’s judiciary as a last resort to prevent the enactment of laws that they believe would harm young people’s health. Until now, judges have typically ruled against these laws, considering them discriminatory and unconstitutional.
This decision highlights the precarious and uncertain landscape for transgender youth and their families in both medical and political arenas. Conservative-led states have been passing laws aimed at restricting LGBTQ+ rights and access to healthcare. Currently, twenty states have approved bans or restrictions on transition-related medical care. This leaves many families and medical providers pondering whether they should relocate to areas where such care is accessible.
In Tennessee, the law known as S.B. 1 has garnered robust support from the legislature’s Republican supermajority. The law prevents doctors from starting transition care for new patients and terminates existing care for current patients by March 2024.
However, just days before the law was set to take effect on July 1, Judge Eli J. Richardson of the Middle District of Tennessee issued a temporary order preserving access to hormone therapy and puberty blockers. Nonetheless, the appeals panel, led by Chief Judge Jeffrey S. Sutton, concluded that Judge Richardson had overstepped by issuing a statewide ruling. They also questioned the challengers’ ability to succeed in proving that the law violates constitutional rights.
Judge Sutton, who was appointed to the court by former President George W. Bush, argued that federal judges should be cautious about removing medical debates from the democratic process by interpreting the federal constitution in an inflexible manner. He also contended that the State Legislature had the authority to regulate such treatments. Still, he admitted that their interpretation might be flawed, acknowledging that several other judges had decided against similar bans.
The ruling was supported by Judge Amul Thapar, appointed by former President Donald J. Trump. However, Senior Judge Helene N. White, also an appointee of George W. Bush, expressed her dissent. While she believed the injunction temporarily blocking the law could have been narrowed in scope, she agreed with the majority that the law likely violates the Constitution by discriminating based on sex.
Republicans, who have championed the law as necessary to safeguard children from risky medical treatment, celebrated the panel’s decision. Jonathan Skrmetti, the attorney general of Tennessee, described it as a significant victory and expressed confidence in the state’s eventual success in defending the law.
On the other hand, legal groups representing transgender Tennessean youth, their parents, and a doctor released a joint statement expressing their disappointment and referring to the ruling as a devastating development. The coalition, which includes organizations like the American Civil Liberties Union, pledged to continue challenging the law until it is permanently defeated.
While the appeals panel will now evaluate a more permanent decision on the temporary ruling, the district court will proceed to consider arguments regarding the law’s constitutionality. The battle over transition care for transgender youth in Tennessee and across the United States is far from over.