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In the year 2021, 26 states have implemented restrictions on gender-transition treatments for minors. Transgender individuals under the age of 18, along with their families and healthcare providers, have been fighting against these bans in 18 states, with varying levels of success.
A recent analysis by the New York Times of court records and state laws revealed that there are several states that have implemented bans on gender-affirming care for minors. It is important to note that Georgia’s ban does not cover puberty blockers, while Idaho’s ban is currently on hold for two individuals who have filed a lawsuit.
Written by Amy Harmon
The case challenging a Tennessee law in front of the Supreme Court this week originated in the spring of 2021, when Arkansas passed a law prohibiting gender-transition treatments for minors. Alabama also passed a similar law in 2022. Tennessee’s law was part of a larger effort: 24 out of the 28 states where Republicans control the legislature now have restrictions preventing doctors from offering puberty blockers, hormone therapies, or surgeries to transgender minors. New Hampshire and Arizona have laws that only ban surgeries for transgender minors.
The reason for the ban on transgender athletes in Florida was questioned by federal district judge Robert Hinkle, who suggested that some lawmakers were motivated by discriminatory beliefs. Republican lawmakers in various states argue that they want to protect young people from a trend they feel is harmful and not fully understood by teenagers. Republican strategists believe that focusing on this issue could help them win the 2024 election.
The case of United States v. Skrmetti, which challenges Tennessee’s ban on a certain issue, is one of 18 similar cases that have been filed in the past three years. The outcomes of these cases have been mixed. The highest courts in Texas and Nebraska have upheld their respective restrictions, while federal district judges in Florida and Arkansas have struck down similar bans in those states. However, these decisions are currently being appealed. In Alabama and Indiana, preliminary injunctions on the enforcement of bans were reversed by appeals courts. There are 11 other similar cases that are currently in different stages of legal proceedings.
The decision made by the Supreme Court in the Skrmetti case will likely impact how lower courts deal with challenges to similar laws in various states. However, the ruling may not be applied uniformly nationwide.
Jim Campbell, who is the chief counsel for the Alliance Defending Freedom, a conservative legal advocacy group aiding in the defense of Idaho’s ban on transition treatments for minors, mentioned that if Tennessee wins, some states will claim that Skrmetti is in control, and vice versa. The losing side will likely argue that the situation is actually different and will provide reasons to support their stance.
Amy Harmon discusses the ways in which changing ideas about gender impact the daily experiences of people in the United States. Learn more about Amy Harmon.
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