Topline
A federal judge ruled Wednesday that Tennessee’s ban on gender-affirming healthcare for minors is likely unconstitutional, the latest ruling against restrictions in the state, adding to a list of other court rulings that have held up similar bans or restrictions in other states.
More than a dozen states have issued bans on gender-affirming care this year.
Timeline
Trump-appointed U.S. District Judge Eli Richardson issued a statewide injunction in Tennessee, blocking the prohibition of puberty blockers and hormone therapy for minors—but still letting a ban on gender-reassignment surgeries move forward—just days before the new law was set to take effect on July 1, and just hours after a similar ban was blocked from taking effect in Kentucky.
U.S. District Judge David Hale sided with the ACLU of Kentucky and parents of transgender children on Wednesday by issuing a temporary injunction that will allow puberty blockers and hormone therapy to remain legal for those under 18 while a larger lawsuit around the statewide ban on care is settled; the state law in question also bans gender-affirming surgeries on minors, but that component was not being challenged in court and is still set to go into effect on June 29.
District Judge Robert Hinkle—who argued “gender identity is real”—ruled against a Florida ban that restricted Medicaid coverage for gender-affirming care, two weeks after issuing a preliminary injunction on a state ban prohibiting such care while suggesting it is “medically necessary.”
District Judge Jay Moody issued a permanent injunction against an Arkansas law prohibiting in-state physicians from providing gender-affirming hormone treatment, puberty blockers or surgery to minors, arguing the law violated due process protections and equal protections rights of transgender youth. (Moody had temporarily blocked the law in 2021 after the ACLU sued, ahead of a trial.)
An Indiana ban on gender-affirming care for minors was partially blocked by a preliminary injunction from Judge Patrick Hanlon, who ordered the state to refrain from enforcing its ban on “gender transition procedures” while a lawsuit makes its way through the court, though he upheld a ban on gender-reassignment surgeries.
The Georgia Department of Community Health agreed to include coverage of gender-reassignment surgeries in the state’s Medicaid program, after a bill approved a year earlier excluded coverage.
Oklahoma Attorney General Gentner Drummond agreed not to enforce a state bill restricting access to gender-affirming care while a lawsuit requesting a preliminary injunction made its way through the court.
District Judge Liles Burke issued a preliminary injunction against an Alabama law that made it a felony to prescribe puberty blockers and hormones to transgender minors, following a complaint from the Justice Department, though it still allows a ban on gender-reassignment surgeries.
Tangent
Lawsuits have been filed in most states with legislation targeting gender-affirming care, with requests for temporary or permanent injunctions. The American Civil Liberties Union has sued over restrictions in Nebraska, Missouri, Oklahoma, Montana, Idaho, Kentucky and Arizona, and pledged to challenge similar legislation in other states. The Justice Department—which challenged Alabama’s ban—also filed a complaint against Tennessee and called for an injunction, arguing the state’s restrictions on gender-affirming care are unconstitutional.
Big Number
21. That’s how many states have issued bans or restrictions on gender-affirming care. Of these, 18 were passed this year.
Key Background
Legislation targeting transgender healthcare has been passed in several states in recent months, following arguments from some politicians—including former President Donald Trump—suggesting gender-affirming care is “child abuse.” Other politicians and medical organizations have since pushed back against attempts to ban gender-affirming care, arguing that treatment is necessary because transgender children face high rates of depression and suicide. The American Medical Association—alongside other organizations like the American Academy of Pediatrics and the American College of Physicians—reinforced its position, suggesting “widespread misinformation” about medical care for transgender youth has resulted in more restrictions nationwide. The organization also argued that gender-affirming care “can be lifesaving.”
Further Reading
Missouri Bans Gender-Affirming Care For Minors—Here Are All The States With Similar Bans Or Restrictions (Forbes)
Judge Strikes Down Arkansas’ Gender-Affirming Care Ban (Forbes)
Source: https://www.forbes.com/sites/tylerroush/2023/06/28/judge-bars-part-of-tennessees-ban-on-gender-affirming-care-here-are-all-the-other-transgender-health-restrictions-blocked-by-courts/