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Since 2021, 26 states have implemented restrictions on gender-transition treatments for minors. Individuals under the age of 18 who are transgender, along with their parents, guardians, and healthcare providers, have contested these bans in 18 states, leading to a variety of outcomes.
A list of states that have prohibited gender-affirming care for minors has been compiled with information from court records and state laws by the New York Times and the Movement Advancement Project. It is important to note that Georgia’s ban does not apply to puberty blockers. Additionally, Idaho’s ban is currently on hold for two specific plaintiffs.
Written by Amy Harmon
The legal challenge facing a Tennessee law in the Supreme Court this week originated in the spring of 2021, when Arkansas became the first state to pass a law banning gender-transition treatments for minors. Alabama also passed a similar law in 2022. Tennessee’s law was part of a larger trend among Republican-controlled states, with 24 out of 28 states now restricting doctors from providing puberty blockers, hormone therapies, or surgery to transgender minors. New Hampshire and Arizona have also implemented bans on surgeries for transgender minors.
The reason for the ban in Florida was questioned by federal district judge Robert Hinkle, who suggested that some lawmakers were motivated by discriminatory animus. Republican lawmakers in various states have voiced concerns about protecting young people from a trend they believe is harmful and that adolescents may not fully understand. Republican strategists see focusing on this issue as a successful strategy for the upcoming 2024 election.
The case of United States v. Skrmetti, which challenges Tennessee’s ban on abortion, is one of 18 similar cases that have been filed in the last three years. Results from these cases have been mixed. While the highest courts in Texas and Nebraska have upheld their abortion restrictions, 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 the enforcement of abortion bans issued by federal district judges were reversed by separate appeals courts. There are also eleven other cases related to abortion restrictions that are currently going through the legal process.
The Supreme Court’s decision on Skrmetti will likely impact how lower courts address challenges to similar statutes in various states. However, the result may not be consistent or applicable to all cases.
Jim Campbell, the chief counsel for the Alliance Defending Freedom, a conservative legal advocacy group supporting Idaho’s ban on transition treatments for minors, stated that if Tennessee wins, one side will claim that Skrmetti controls, while the other side will argue the opposite. The losing side will then provide reasons for why they believe the situation is different.
Amy Harmon discusses the impact of changing ideas about gender on daily life in the United States. Learn more about Amy Harmon.
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