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Since 2021, 26 states have implemented limitations on gender-transition treatments for minors. Transgender individuals under the age of 18, along with their parents, legal guardians, and healthcare providers, have contested these bans in 18 states, resulting in varied outcomes.
A study by the New York Times and the Movement Advancement Project identified states that have laws prohibiting minors from receiving gender-affirming care. 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 individuals involved in a legal case.
Written by Amy Harmon
The legal challenge to a Tennessee law currently being reviewed by the Supreme Court originated in 2021 when Arkansas passed a law prohibiting gender-transition treatments for minors. Alabama also enacted a similar law in 2022. Tennessee’s law was part of a larger trend among states where Republicans hold legislative control, with 24 out of 28 states now limiting doctors from providing puberty blockers, hormone therapies, or surgeries to transgender minors. New Hampshire and Arizona have also implemented bans on surgeries for transgender minors.
The reason for the ban on transgender youths participating in sports in Florida was said to be rooted in discriminatory beliefs by some lawmakers, according to federal district judge Robert Hinkle. Republican lawmakers in various states argue that they are trying to protect young people from making decisions they may not fully understand. Republican strategists view this issue as a successful tactic leading up to 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 brought forward in the past three years. The outcomes of these cases have been varied. While the highest courts in Texas and Nebraska have upheld their 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, federal district judges issued preliminary injunctions on the enforcement of bans, but these were later reversed by separate appeals courts. There are also eleven other cases related to this issue that are currently going through the legal process.
The decision made by the Supreme Court in the Skrmetti case will likely influence how lower courts address similar challenges to laws in various states. However, the outcome may vary and not be consistent across all cases.
According to Jim Campbell, the chief counsel for the Alliance Defending Freedom, if Tennessee wins, some states will believe that Skrmetti is in control, and vice versa. This conservative legal advocacy group is assisting in defending Idaho’s ban on transition treatments for minors. The losing side will likely argue that the situation is actually different and provide reasons for their stance.
Amy Harmon discusses the impact of changing ideas about gender on daily experiences in the United States. Learn more about Amy Harmon.
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