Nashville, Tennessee – In a landmark decision, a U.S. appeals court has ruled that Tennessee’s ban on gender-affirming care for transgender youth can immediately go into effect, temporarily staying a lower court’s ruling, reported the Associated Press. This represents the first federal court ruling of its kind, highlighting a departure from recent trends where federal courts have blocked similar statewide bans on gender-affirming care for minors in Arkansas, Alabama, Florida, Indiana, and Kentucky.
The 6th Circuit’s ruling paves the way for doctors in Tennessee to be prohibited from providing gender-affirming care, including puberty blockers and gender-affirming surgery, to minors. This overturns the lower court’s decision to suspend the ban while it was being contested by families and advocacy groups.
It is important to note that this ruling is preliminary, as the 6th Circuit court plans to issue a comprehensive ruling by September 30, after hearing arguments for a full appeal of the ban. The court has indicated that it will address the pending Kentucky case alongside Tennessee’s, expediting the briefing schedule for these cases. However, the schedule extends into next month, and the next regularly scheduled argument session for the 6th Circuit after those deadlines is not until October.
In the court’s opinion, Judge Jeffrey Sutton emphasized that the challengers did not argue that the due process or equal protection guarantees covered their claims. He questioned whether the democratic process should address debates concerning the use of new drug treatments on minors, rather than relying solely on life-tenured federal judges to interpret a federal constitution that is largely unamendable.
The panel of three judges voted 2-1 in favor of upholding the ban, deeming the advocacy groups’ challenge to the law’s compliance with the 14th Amendment as unconstitutional. Judge Sutton stated that the federal district court erred by invalidating the law on its face rather than considering its application to the plaintiffs and assuming the authority to issue a statewide injunction.
Advocacy groups, including the American Civil Liberties Union (ACLU), the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP, celebrated when the lower court suspended the ban in June, describing it as a “critical victory” for transgender youth and their medical providers.
However, with the 6th Circuit’s reversal of the lower court’s decision, Tennessee Governor Bill Lee’s signed bill, which was enacted in March, will now take immediate effect. Health care providers who offer gender-affirming hormones or surgery to individuals under 18 will face a penalty of $25,000 and may be susceptible to lawsuits.
In response to the appeals court’s ruling, the advocacy groups issued a joint statement expressing their disappointment and asserting their commitment to continue challenging the ban until it is permanently defeated. They emphasized their dedication to creating a safer environment for all families in Tennessee.
Tennessee is among at least 14 states where Republican lawmakers have sought to limit or ban gender-affirming care for minors, contributing to an ongoing nationwide debate surrounding transgender rights and access to medical care.
