A federal appeals court has overturned a lower court's decision, allowing Tennessee's ban on transgender medical interventions for minors to be enforced. This includes procedures like puberty blockers and surgeries. The Sixth U.S. Circuit Court of Appeals in Cincinnati made this 2-1 decision on Saturday, following an emergency appeal from the state. The court argued that such matters are best left to legislative debate rather than judicial intervention, especially given the potential long-term health implications for children experiencing gender dysphoria.
Chief Judge Jeffrey Sutton, appointed by former President George W. Bush, emphasized the importance of democratic processes in addressing complex medical and social issues. He expressed caution against federal judges intervening in these evolving debates. The court also noted that the LGBTQ+ advocacy groups challenging the law hadn't sufficiently demonstrated its unconstitutionality.
Tennessee Attorney General Jonathan Skrmetti celebrated the ruling as a significant victory, although acknowledging the legal battle isn't over. Dissenting Judge Helene White, also a Bush appointee, argued that the ban likely constitutes unconstitutional sex discrimination, questioning the state's rationale for denying hormone therapies to transgender youth while permitting access to similar treatments for other conditions. Judge Amul Thapar, appointed by former President Trump, joined Judge Sutton in the majority opinion.
The appeals court plans to conduct a comprehensive review of the law, aiming for completion by September 30th, acknowledging that their initial views are subject to change. The ACLU and other legal groups representing the challengers expressed deep disappointment with the ruling but vowed to continue fighting the ban. Tennessee's law specifically prohibits gender-affirming care that deviates from a minor's assigned sex at birth. This legal challenge unfolds alongside similar battles in other states like Arkansas and Florida, which have also enacted bans on transgender care for minors and are facing legal challenges.
