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Tennessee can enforce ban on transgender care for minors, for now, court says

Tennessee is one of several states across the U.S. that have recently enacted bans on gender-affirming care
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Late last month a district court judge in Tennessee found that the banning transgender therapies like hormone blockers and surgeries for transgender youth was unconstitutional because it discriminated on the basis of sex. The judge blocked large swaths of the law from taking effect. (Unsplash)

TennesseeB次元官网网址檚 ban on gender-affirming care for transgender youth can go into effect B次元官网网址 at least for now B次元官网网址 after a federal appeals court on Saturday (July 8) temporarily reversed a lower court ruling.

Late last month a district court judge in Tennessee found that the banning transgender therapies like hormone blockers and surgeries for transgender youth was unconstitutional because it discriminated on the basis of sex. The judge blocked large swaths of the law from taking effect.

On Saturday, however, the Sixth U.S. Circuit Court of Appeals in Cincinnati granted an emergency appeal from Tennessee. In a 2-1 ruling, the majority wrote that decisions on emerging policy issues like transgender care are generally better left to legislatures rather than judges.

B次元官网网址淕iven the high stakes of these nascent policy deliberations B次元官网网址 the long-term health of children facing gender dysphoria B次元官网网址 sound government usually benefits from more rather than less debate,B次元官网网址 wrote Chief Judge Jeffrey Sutton, an appointee of former President George W. Bush.

TennesseeB次元官网网址檚 attorney general, Jonathan Skrmetti, praised the ruling, saying the ban can now be fully enforced. B次元官网网址淭he case is far from over, but this is a big win,B次元官网网址 he said in a statement.

The ruling is preliminary, and remains in force only until the appeals court conducts a full review of the appeal. Sutton wrote that the appeal process will be expedited, with a goal of resolving the case by Sept. 30.

Tennessee is one of several states across the country that have recently enacted bans on gender-affirming care for minors. Federal judges in , and have also struck down those stateB次元官网网址檚 bans.

Sutton acknowledged that other judges have ruled differently.

B次元官网网址淲e appreciate their perspectives, and they give us pause,B次元官网网址 he wrote. B次元官网网址淏ut they do not eliminate our doubts.B次元官网网址

Judge Amul Thapar, an appointee of former President Donald Trump, joined WhiteB次元官网网址檚 ruling. A third judge, Helene White, dissented in part and concurred in part.

White B次元官网网址 who was first nominated by former President Bill Clinton and later nominated by Bush B次元官网网址 ruled that she believes the Tennessee law is likely unconstitutional, but said she would not have applied her ruling statewide, as the district court did. She said she would have limited her ruling to apply only to the nine plaintiffs who filed the lawsuit and to the Vanderbilt University Medical Center, where some of the plaintiffs had sought care.

B次元官网网址淚 fail to see how the state can justify denying access to hormone therapies for treatment of minor PlaintiffsB次元官网网址 gender dysphoria while permitting access to others, especially in light of the district courtB次元官网网址檚 robust factual findings on the benefits of these treatments for transgender youth,B次元官网网址 White wrote.

Gillian Branstetter, a spokesperson with the American Civil Liberties Union, said the Sixth Circuit is the first federal circuit to allow a ban on transgender health care for minors to go into effect. The Sixth Circuit covers Michigan, Ohio, Tennessee and Kentucky.

The federal government has also to the Tennessee law.

The law bans Tennessee health care providers from offering hormone treatments or surgeries for transgender youth where the purpose is to allow the child to express a gender identity B次元官网网址渋nconsistent with the immutable characteristics of the reproductive system that define the minor as male or female.B次元官网网址

TennesseeB次元官网网址檚 Republican-dominant General Assembly, as well as some Democratic lawmakers, passed the law after of opening its transgender health clinic because it was profitable. B次元官网网址s surfaced of a doctor there touting that gender-affirming procedures are B次元官网网址渉uge money makers.B次元官网网址 Another video showed a staffer saying anyone with a religious objection should quit.

Matthew Barakat, The Associated Press

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