A recent ruling by a federal appeals court has allowed bans on gender-affirming care for minors to continue in Tennessee and Kentucky. This decision overturns previous injunctions from lower courts that had blocked the sections of the states’ laws relating to gender-affirming care on the grounds of sex discrimination.
The 2-1 ruling from the appeals court stated that lawmakers in Tennessee and Kentucky had made careful decisions regarding the cost and benefit of imposing these bans, and that there was no reason for judges to challenge or question their judgment.
Both bans were enacted by Republican legislatures, with Kentucky’s ban being vetoed by Governor Andy Beshear (D) earlier this year, only to have the veto overridden.
Judge Jeffrey Sutton, in his opinion, stated, “Preventing citizens and legislatures from sharing their perspectives on important medical policies, where compassion for the child exists on both sides, is not something federal judges with lifetime appointments should do without clear constitutional justification.”
To date, 22 states have implemented bans on gender-affirming care and other transgender care for minors, but many of these bans have been challenged in court. In states such as Arkansas, Alabama, Indiana, and Florida, bans on gender-affirming care have been halted by courts on procedural grounds.
Although LGBTQ advocates have criticized the recent ruling, they remain committed to challenging these laws through legal means.
“We’re disappointed with the court’s ruling,” said Corey Shapiro, legal director for the ACLU of Kentucky. “The majority disregarded the extensive evidence provided by medical experts and the trial court, all of whom agreed that this care is medically necessary, effective, and appropriate.”
“While it is disheartening that the panel believes the government has the constitutional right to prevent transgender youth from accessing essential healthcare, this setback is only temporary,” Shapiro added.
Tennessee Attorney General Jonathan Skrmetti, a strong proponent of the ban in his state, hailed the ruling as a “victory for democracy.”
“Decisions that are not clearly resolved by the Constitution should be made by the people through their elected representatives,” Skrmetti stated.
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