Tennessee Ban on Trans Health Care to Take Effect Immediately
law, which was approved by the Republican-dominated legislature and signed by Gov. Bill Lee earlier this year.A federal judge subsequently issued an injunction blocking the state from taking any adverse action against doctors who recommend non-surgical gender-affirming treatments, on the grounds that the plaintiffs in the case were likely to succeed in proving their claim that the law is unconstitutional and should be overturned.The plaintiffs have argued that the Tennessee law runs counter to federal laws prohibiting discrimination in health care and violates both the rights of trans minors and the rights of their parents to make whatever medical decisions they believe to be in their children’s best interests.But in a July 8 decision, the 6th U.S.
Circuit Court of Appeals ruled 2-1 to override the lower court, saying that decisions on emerging policy issues like gender-affirming care are better left to legislatures than judges to decide.“Given the high stakes of these nascent policy deliberations — the long-term health of children facing gender dysphoria — sound government usually benefits from more rather than less debate,” Chief Judge Jeffrey Sutton, an appointee of former President George W.
Bush, wrote on behalf of the court.The circuit court’s ruling is preliminary, meaning it will only remain in force until the 6th Circuit fully reviews the appeal.
Sutton wrote that the appeal process would be expedited and intends to resolve the case by Sept. 30.If the circuit court remains firm in its decision to stay the injunction, the plaintiffs can still argue the law is unconstitutional, at which point U.S.
