LITTLE ROCK, ARK. – Courts across the United States are issuing varying rulings on state laws that restrict gender-affirming medical care for transgender youth, reflecting the ongoing legal battles surrounding these bans. As the number of states passing such legislation has surged in 2022, the judicial response has been mixed. Here’s a look at recent developments and the current state of transgender healthcare laws across the nation:
Recent Court Rulings
- Alabama: The 11th U.S. Circuit Court of Appeals recently ruled that Alabama can enforce its ban on gender-affirming care for transgender youth, overturning a previous lower court decision against the 2022 law. However, Alabama’s ban remains on hold until the appeals decision formally takes effect.
- Tennessee and Kentucky: In a separate case, a three-judge panel ruled last month that Tennessee and Kentucky can enforce their bans on gender-affirming care for now.
- Georgia: A federal judge blocked a Georgia law that prohibited doctors from starting hormone therapy for transgender individuals under 18. The state has asked the judge to reinstate the ban.
Current Status of Bans Nationwide
- Number of States with Bans: At least 22 states have passed laws banning or restricting gender-affirming care for minors, and most of these laws are facing legal challenges.
- North Carolina: The most recent state to enact a ban is North Carolina, where a measure banning healthcare providers from offering hormone therapy, puberty-blocking drugs, and surgical gender-transition procedures to anyone under 18 was passed. This law immediately went into effect, except for minors who began treatment before August 1.
- Arkansas: A federal judge struck down Arkansas’ first-in-the-nation ban, a decision that the state has appealed.
- Indiana: A federal judge blocked Indiana’s ban, and Oklahoma has agreed not to enforce its ban while opponents seek a temporary court order against it.
- Nebraska: A Nebraska judge rejected efforts to block the state’s ban, which is set to take effect on October 1.
Public and Medical Perspectives
- Support for Gender-Affirming Care: Major medical organizations, including the American Medical Association and the American Academy of Pediatrics, have opposed bans on gender-affirming care for minors and support such medical treatments when administered appropriately.
Upcoming Cases
- Missouri: A state judge is expected to rule soon on whether to temporarily block Missouri’s ban on gender-affirming care for minors before it takes effect on Monday, August 28.
- Texas: A judge in Texas is considering whether to block the state’s ban on gender-affirming care for minors before it takes effect on September 1.
- Tennessee: The appeals panel that allowed Tennessee’s ban to take effect will hear arguments on September 1 over the previous decision that temporarily blocked the law.
- Florida: A federal judge in Florida is expected to hold a hearing on whether to block a law that has restricted access to gender-affirming care for transgender adults in the state.
- Montana: A state judge in Montana will hear arguments in a September 18 hearing on whether to block the state’s ban before it takes effect on October 1.