The US Court of Appeals for the Sixth Circuit ruled on Thursday upholding the bans on gender-affirming care for minors in Tennessee and Kentucky. The court’s decision, resulting from a 2-1 vote, dismissed a challenge by families of transgender minors, stating that the bans did not constitute discrimination on the grounds of sex.
The bans, referred as Tenn. Code. Ann. § 68-33-101 and Ky. Rev. Stat. Ann. § 311.372, prevent medical providers from administering treatments such as hormone therapy, puberty blockers, and procedures for the purpose of alleviating gender dysphoria. The plaintiffs in the Tennessee and Kentucky cases alleged that these bans violate the Fourteenth Amendment of the US Constitution and could cause “severe and irreparable harm.” However, the court disagreed with these assertions, reaffirming that the right to gender-affirming care is not constitutionally protected.
The court rejected any violation of the Fourteenth Amendment’s Due Process and Equal Protection Clauses. The court’s rationale is rooted in the belief that there is no deeply embedded custom of inhibiting the government’s ability to regulate medicine, especially on behalf of minors. The judges dismissed the plaintiffs’ argument for parents having the right to make medical decisions for their children when it opposes democratically enacted laws. They also noted that bans “treat similarly situated individuals evenhandedly,” which did not make transgender status a suspect class.
Finally, the court remained hesitant about the safety of gender-affirming care, as detailed in their statement that cautions about the long-term consequences of changing age limits for these treatments. The court emphasized the need for accountable elected officials, not life-long appointed judges, to navigate these medical, social, and policy challenges.
In response to the ruling, both the ACLU of Tennessee and the ACLU of Kentucky expressed their disappointment. With this ruling, the Sixth Circuit becomes the second federal appeals court to uphold a ban on gender-affirming care for minors, following a similar decision by the Eleventh Circuit with regards to Alabama earlier this year. However, contrary judgments were given by district courts in Arkansas, Texas, and Georgia, and a state court in Montana who moved to block similar bans.