Tennessee Appeals Court Temporarily Reverses Ruling on Ban of Gender-Affirming Care for Transgender Youth

A federal appeals court has temporarily reversed a lower court ruling that found Tennessee’s ban on gender-affirming care for transgender youth unconstitutional. The ruling, handed down Saturday, allows the state to enforce the ban for now.

The ban, signed into law in March, prohibits transgender youth from receiving hormone therapy, puberty blockers and gender-affirming surgeries. It was challenged in a civil lawsuit brought by a Tennessee couple, their teenage transgender daughter, two anonymous families and a physician.

The Sixth Circuit Court of Appeals ruled 2-1 in favor of the state, with Chief Judge Jeffrey Sutton, a former President George W. Bush appointee, writing that the challengers had not shown that a right to new medical treatments is “deeply rooted in our history and traditions” and thus beyond the democratic process to regulate.

The ruling is preliminary and remains in force only until the appeals court conducts a full review of the appeal. The court has not yet set a date for the review.

The decision has been met with criticism from LGBTQ+ advocates, who argue that the ban is unconstitutional and puts transgender youth at risk of harm. The American Civil Liberties Union (ACLU) has said it will continue to fight the ban in court.

The ruling is a setback for transgender rights in Tennessee, but the fight is far from over. Advocates will continue to fight for the rights of transgender youth to access the gender-affirming care they need.