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Since 2021, 26 states have placed limitations on gender-transition treatments for minors. Transgender individuals under the age of 18, along with their parents, guardians, and healthcare providers, have contested these restrictions in 18 states, leading to varying outcomes.
A list of states that have laws prohibiting gender-affirming care for minors was compiled by the New York Times using court records and state laws, with additional information from the Movement Advancement Project. It should be noted that Georgia’s ban on gender-affirming care does not include puberty blockers. Furthermore, Idaho’s ban is currently on hold for two individuals who are challenging the law in court.
Written by Amy Harmon
The case being brought before the Supreme Court this week involves 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 are in control, 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 on transgender youth in Florida was questioned by federal district judge Robert Hinkle, who suggested that some lawmakers were motivated by discriminatory attitudes. Republican lawmakers in various states argue that they are trying to protect young people from making irreversible decisions they may not fully understand. Republican strategists believe that highlighting this issue could help them win the 2024 election.
The case of United States v. Skrmetti, which challenges Tennessee’s ban, is one of 18 cases that have been filed in the last three years, resulting in different outcomes. The Supreme Courts of Texas and Nebraska have upheld their bans, while federal district judges in Florida and Arkansas have struck down bans in those states. Appeals are being made against these decisions, and preliminary injunctions against the bans in Alabama and Indiana, issued by federal district judges, have been overturned by appeals courts. There are eleven other cases currently in different stages of the legal process.
The decision made by the Supreme Court on the Skrmetti case is likely to impact how lower courts address challenges to similar laws in various states. However, the result may not be consistent nationwide.
Jim Campbell, the main legal counsel for the Alliance Defending Freedom, a conservative legal advocacy group supporting Idaho’s ban on transition treatments for minors, mentioned that if Tennessee wins, some states will believe that Skrmetti is in control, and vice versa. The losing side will argue that the situation is actually different and provide reasons for their perspective.
Amy Harmon discusses the impact of changing ideas about gender on daily life in America. Learn more about Amy Harmon.
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