US Supreme Court to hear case on constitutionality of Tennessee’s gender-affirming care ban
NASHVILLE, Tenn. (WKRN) — The US Supreme Court announced it will weigh in on the constitutionality of Tennessee’s law banning gender-affirming care for transgender minors.
Passed in 2023, HB1/SB1 makes it illegal to provide medical care like puberty blockers, hormone therapies and surgeries to transgender youth. Later that year, federal judges in Kentucky and Tennessee blocked bans on gender-affirming care.
The 6th Circuit overturned the ruling, which put the ban in place for now.
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A similar law in Arkansas was struck down by the courts.
In April 2023, organizations including the ACLU, filed a lawsuit opposing the law on behalf of a Nashville couple and their 15-year-old daughter and others.
“We fully anticipated it would be challenged from a legal and constitutional standpoint,” said bill sponsor and State Senate Majority Leader Jack Johnson (R-Franklin).
The ACLU is not challenging the surgery ban portion of the law, but they argue the other parts of the law ignore medical experts’ advice.
Read the latest from the TN State Capitol Newsroom
“Bans on treatments disrupt medically necessary care and result in negative health outcomes, including anxiety, depression and suicidality,” said the ACLU of TN’s lead attorney on the case, Lucas Cameron-Vaughn. “This isn’t quick evaluation and treatment; these take years, and they see many medical professionals before they start.”
Those who oppose the ban also argue this is a sex discrimination case because these treatments are permitted in situations not related to gender-affirming care.
Sen. Johnson acknowledged the argument but strongly disagreed with it.
“These drugs can be extremely harmful. There are medical cases where they are warranted and necessary,” he said. “In Tennessee, those drugs are completely legal for those medicinal and medical needs but when it comes to gender dysphoria and gender confusion…those decisions should be made later.”
“I almost didn’t make it because I couldn’t get this earlier,” said Eli Givens. “I came out to myself around 10 or 11. I would have came out earlier, but again, I just didn’t have the words for it. When I was younger, I knew I felt a bit different from everybody else. I didn’t know why, but I didn’t have a specific reason. I just thought I was odd”
That odd feeling grew into something more, which led Givens on a journey. That journey ultimately ended with gender-affirming surgery at just 17 years old. Now, Givens identifies as non-binary, meaning neither male or female.
“When I discovered top surgery was a thing I could do, I was like oh, that’s kind of what I’ve been looking for,” Givens said. “it is so wonderful and its very bittersweet, to know that a lot of people that I know, will not be able to have the same experience I had, because I was 17, I got it done at Vanderbilt and now that that’s being blocked its like wow, those people will not have the same experience with the surgeons and the healthcare providers that I met at Vanderbilt”
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In a statement, Tennessee Attorney General Jonathan Skrmetti said he is eager to argue in support of this law.
“We fought hard to defend Tennessee’s law protecting kids from irreversible gender treatments and secured a thoughtful and well-reasoned opinion from the Sixth Circuit. I look forward to finishing the fight in the United States Supreme Court. This case will bring much-needed clarity to whether the Constitution contains special protections for gender identity,” he wrote.
The Supreme Court is not expected to hear arguments in this case until the fall.
People can track legislation on trans healthcare as it moves at TNEP.org or on social media at @tnequality.
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