Temporary Halt Placed on Texas Court’s Ban on Gender-Affirming Care for Minors

In a significant victory for parents and LGBTQ advocates, a judge in Texas has issued a temporary halt to the state’s ban on gender-affirming care for minors.

Texas became the largest state to ban gender-affirming care for minors when Senate Bill 14 was signed into law in June. The ban, which was supposed to take effect on Sept. 1, prohibits individuals under 18 from receiving gender-affirming care such as puberty blockers and hormone therapy. It also mandates that those under 18 who are already receiving such care must discontinue medication in a safe and medically appropriate manner.

The American Civil Liberties Union (ACLU) filed a lawsuit on behalf of several families with transgender children, arguing that the law violates parents’ rights to make healthcare decisions for their children.

Ruling in favor of the plaintiffs, Texas District Judge Maria Cantú Hexsel granted a temporary injunction while the lawsuit reaches its final decision. Judge Hexsel determined that the law is likely to violate three clauses of the Texas constitution, specifically infringing upon the rights of parents and medical professionals and discriminating against transgender adolescents.

She expressed in her written decision, “The Act infringes upon the Texas Constitution’s guarantees of equality under the law by enacting a discriminatory and categorical prohibition on evidence-based medical treatments for transgender youth which remain available to cisgender youth.”

This ruling has been celebrated by the ACLU and those who opposed the law.

“The court decision is a critical victory for transgender youth and their families, supporters, and health providers against this blatantly unconstitutional law,” stated Brian Klosterboer, an attorney at the ACLU of Texas. He further emphasized their commitment to advocating for their clients and their rights.

The ACLU anticipates that the Texas attorney general’s office will appeal the injunction. To obtain a comment, The Hill has reached out to the Texas AG’s office.

According to the Movement Advancement Project, more than 20 states have implemented bans on gender-affirming care for youth. However, it is important to note that major medical organizations such as the American Academy of Pediatrics, the American Medical Association, and the Endocrine Society endorse gender-affirming care for minors and young adults, including surgery and medication.