Federal Court Upholds Tennessee, Kentucky Ban on Transgender Medical Procedures for Children

September 20, 2023 : Hundreds gather outside the federal Harry Hays building in downtown C
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Alana Mastrangelo

A federal appeals court has upheld a Tennessee and Kentucky ban on transgender-related medical procedures for minors.

The Ohio-based 6th U.S. Circuit Court of Appeals upheld bans in Tennessee and Kentucky by a 2-1 vote, which allows the states to enforce laws prohibiting children from undergoing transgender-related medical procedures, such as puberty blockers, hormones, and surgery, according to a report by Reuters.

“HUGE WINS in Tennessee and Kentucky as a federal appeals courts upholds ban on child sterilization and mutilation!” Gays Against Groomers reacted on social media. “The 6th Circuit panel sided with proponents of ‘gender-affirming care’ bans who say the treatments are unproven and risk permanently harming children.”

The court rejected a challenge by families of children who identify as the opposite sex who had argued that the bans discriminated on the basis of sex.

The 6th Circuit panel sided with those who argued that transgender-related treatments are unproven and risk permanently harming children.

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Sarah Clark / POLITICALLY+ /TMX

“This is a relatively new diagnosis with ever-shifting approaches to care over the last decade or two. Under these circumstances, it is difficult for anyone to be sure about predicting the long-term consequences of abandoning age limits of any sort for these treatments,” Chief Judge Jeffrey Sutton, who was joined by Judge Amul Thapar, wrote.

Judge Helene White, who dissented, reportedly claimed the Tennessee and Kentucky statutes “cannot pass constitutional muster” and “intrude on the well-established province of parents to make medical decisions for their minor children.”

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The federal court ruling is the second win for those seeking to implement anti-grooming policies in the United States, with the first being the 11th Circuit ruling on an Alabama law.

Lawyers for the families and organizations who brought the Tennessee challenge called the anti-grooming ruling a “devastating result for transgender youth and their families” and said “we are assessing our next steps” in defense of transgender rights.

You can follow Alana Mastrangelo on Facebook and Twitter at @ARmastrangelo, and on Instagram.

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