In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit has granted permission for a Tennessee law that prohibits doctors from providing gender-affirming medical care, including puberty-blockers and gender affirming surgery, to transgender minors. The decision reverses a lower court’s ruling and allows the law to be enforced immediately. Advocacy groups, who had challenged the constitutionality of the law, were unable to demonstrate a likelihood of success in their claims, according to the three-judge panel that voted 2-1 in favor of the law’s enforcement.
This Tennessee law is part of a broader trend in which Republican lawmakers are pushing for increased restrictions on medical care for transgender youths. The rationale behind the measure is to safeguard minors from potential long-term harm. Conversely, medical associations have emphasized that gender-affirming care can be life-saving for transgender individuals.
The legislation specifically prohibits any medical procedure aimed at enabling a minor to identify with a gender other than the one assigned at birth. While five similar laws have been blocked by federal judges for violating the Constitution’s guarantee of equal protection, the appeals court’s recent decision emphasizes that issues concerning medical care and the protection of minors are best addressed by state legislatures, unless there is a clear violation of constitutional rights.
Judge Helen White expressed her belief that Tennessee’s law is likely to be deemed unconstitutional as a form of sex discrimination. However, Judge Jeffrey Sutton, who authored the appeals court’s opinion, acknowledged that the current views expressed by the court are preliminary and subject to change. The court aims to reach a final decision on the constitutionality of Tennessee’s law by September 30.
This ruling raises significant concerns about the access to gender-affirming medical care for transgender minors in Tennessee. The ongoing legal battle surrounding this law reflects the broader national debate over transgender rights and the role of state legislatures in shaping medical policies affecting marginalized communities.
