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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 recent analysis by the New York Times and the Movement Advancement Project has identified states that have implemented bans on gender-affirming care for minors. It is important to note that Georgia’s ban does not apply to puberty blockers, and Idaho’s ban is currently on hold for two plaintiffs.
Written by Amy Harmon
The case challenging a Tennessee law in front of the Supreme Court originated in 2021 when Arkansas passed a law prohibiting gender-transition treatments for minors. Alabama and Tennessee also passed similar laws in 2022. This trend of restricting medical treatments for transgender minors is seen in 24 out of the 28 states where Republicans control the legislature. In some states, like New Hampshire and Arizona, only surgeries are banned for transgender minors.
What was the reason behind the ban in Florida? One federal district judge, Robert Hinkle, determined that some lawmakers in the state were motivated by discriminatory animosity. However, Republican lawmakers in various states have stated that they are attempting to protect teenagers from engaging in a more prevalent path with consequences they may not fully grasp due to their young age. Republican strategists have also indicated that focusing on this issue was an effective strategy leading up to the 2024 election.
The case of United States v. Skrmetti, which challenges Tennessee’s ban on abortion, 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 mixed, with some state courts like Texas and Nebraska upholding their abortion restrictions. However, federal district judges in Florida and Arkansas have ruled against bans in their states. Appeals are underway for these decisions, and preliminary injunctions on bans in Alabama and Indiana have been overturned by appeals courts. There are currently 11 other cases related to abortion bans at various stages of the legal process.
The decision made by the Supreme Court in the Skrmetti case is likely to impact how lower courts approach challenges to similar laws in various states. However, the ruling may not have a consistent impact nationwide.
Jim Campbell, who serves as the chief 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 may believe that Skrmetti has control, and vice versa. Campbell also noted that the losing side may argue that the situation is actually different and provide reasons to support their perspective.
Amy Harmon discusses the impact of changing ideas about gender on the daily experiences of individuals in the United States. Learn more about Amy Harmon.
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