While similar bans have recently been blocked in Arkansas and Missouri, a U.S. appeals court reinstated the Tennessee law banning gender-affirming care for transgender youth on Saturday.
The court’s decision will now prevent doctors in Tennessee from providing gender-affirming care — including puberty blockers and gender-affirming surgery — to minors, reversing a lower court’s decision to suspend the ban while it was being challenged by families and advocacy groups.
“The challengers do not argue that the original fixed meaning of either the due process or equal protection guarantee covers these claims,” Judge Jeffrey Sutton wrote in the court’s opinion. “That prompts the question whether the people of this country ever agreed to remove debates of this sort — about the use of new drug treatments on minors — from the conventional place for dealing with new norms, new drugs, and new technologies: the democratic process.
The panel of three judges voted 2-1 on the decision, ruling that advocacy groups’ efforts to challenge the law’s adherence to the 14th Amendment was unconstitutional. In his opinion, Sutton wrote that the federal district court that suspended the ban in June had erred by invalidating the law facially, instead of as it applied to the plaintiffs, and by assuming “authority to issue a state-wide injunction.
The lower court’s decision suspended the ban beyond its enactment date of July 1. With the 6th Circuit’s reversal of that decision, the bill, which Tennessee Gov. Bill Lee signed in March, will take immediate effect. Health care providers who provide gender-affirming hormones or surgery to anyone under 18 will face a $25,000 penalty and could be open to lawsuits.
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