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Since 2021, 26 states have implemented restrictions on gender-transition treatments for minors. In response, transgender minors, along with their parents, guardians, and healthcare providers, have contested these bans in 18 states, leading to varying outcomes.
A number of states have implemented restrictions on gender-affirming care for minors. This information is based on an analysis of court records and state laws conducted by the New York Times, as well as data from 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 halted for two individuals who have filed a lawsuit.
Written by Amy Harmon
The legal challenge to a Tennessee law currently in front of the Supreme Court originated in 2021, when Arkansas passed a law preventing gender-transition treatments for minors. Alabama also passed a similar law in 2022. Tennessee’s law was part of a larger movement among Republican-controlled states, with 24 out of 28 states now limiting doctors from offering puberty blockers, hormone therapies, or surgeries to transgender minors. New Hampshire and Arizona have also implemented bans on surgeries for transgender minors.
What was the reason for the ban on transgender athletes in Florida? Federal district judge Robert Hinkle suggested that some lawmakers in the state were motivated by discriminatory beliefs. Republican lawmakers in other states have argued that they are trying to protect young people from a lifestyle they may not fully understand. 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 just one of 18 similar cases that have been brought to court in the past three years. The outcomes of these cases have been varied, with some states like Texas and Nebraska upholding their bans, while federal district judges in Florida and Arkansas have struck down bans in their states. Appeals have been filed for these decisions, and preliminary injunctions on bans in Alabama and Indiana have been overturned by appeals courts. There are currently 11 other cases in different stages of litigation.
The decisions made by the Supreme Court regarding Skrmetti are likely to influence how lower courts address similar challenges to laws in different states. However, the outcome may vary from one case to another.
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, some states will claim that Skrmetti controls, and vice versa. The losing side will argue that the situation is actually different and provide reasons for their stance.
In her work, Amy Harmon explores the ways in which changing ideas about gender impact the daily experiences of people in the United States. Learn more about Amy
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