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The Battle Over Gender-Affirming Care: A Look at States Restricting Treatments for Transgender Minors Since 2021

In Citizen
January 13, 2025

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Since 2021, 26 states have implemented restrictions on gender-transition treatments for minors. Transgender minors, along with their parents, guardians, and medical professionals, have been fighting against these bans in 18 states, with varying degrees of success.

States have implemented restrictions on gender-affirming care for minors, as reported by the New York Times’ examination of court documents and state legislation, as well as the Movement Advancement Project. It is important to note that Georgia’s prohibition does not cover puberty blockers, and Idaho’s restriction is currently halted for two individuals involved in a legal case.

Written by Amy Harmon

The Supreme Court is currently considering a challenge to a Tennessee law that originated in 2021, when Arkansas was the first state to pass a law banning gender-transition treatments for minors. Alabama also passed a similar law in 2022. Tennessee’s law is part of a larger trend among states where Republicans have legislative control, with 24 out of 28 states now imposing restrictions on doctors providing puberty blockers, hormone therapies, or surgery to transgender minors. New Hampshire and Arizona have also enacted laws banning surgeries for transgender minors.

The reason for the ban in Florida was examined by federal district judge Robert Hinkle, who found that some lawmakers were motivated by discriminatory feelings. Republican lawmakers in various states have stated that they are trying to protect young people from engaging in a more common path that they may not fully understand. Republican strategists believe that making this issue a priority will help them in the 2024 election.

The case of United States v. Skrmetti, which challenges Tennessee’s ban on a certain issue, is just one of 18 similar cases that have been filed in the past three years. The outcomes of these cases have been mixed. While the highest courts in Texas and Nebraska have upheld their bans, federal district judges in Florida and Arkansas have struck down bans in those states. However, these decisions are currently being appealed. In Alabama and Indiana, preliminary injunctions on enforcement of bans were reversed by appeals courts. There are 11 other cases at different stages of litigation.

The decision made by the Supreme Court in the Skrmetti case is likely to impact how lower courts deal with challenges to similar laws in different states. However, the outcome may vary and not be the same everywhere.

Jim Campbell, the chief counsel for the Alliance Defending Freedom, a conservative legal advocacy group assisting in defending Idaho’s prohibition on transition treatments for minors, explained that if Tennessee wins, some states will argue that Skrmetti is in control, while others will argue the opposite. The losing side will likely counter with their own arguments to explain why they believe the outcome is different.

Amy Harmon explores the impact of changing ideas about gender on daily experiences in the United States. Learn more about Amy Harmon.

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