The Texas Supreme Court has upheld a statutory ban on gender-affirming care for minors, dismissing challenges related to constitutional protections and parental rights. The plaintiffs, including parents of transgender children, licensed physicians, and LGBTQ+ rights groups, argued that Senate Bill 14 (SB 14) infringes on several constitutional grounds. They contended it violated parents’ rights to make medical decisions for their children, deprived healthcare providers of occupational freedoms, and discriminates against transgender minors based on sex and transgender status [read the full court decision](https://www.txcourts.gov/media/1458813/230697.pdf) (opens in a new tab).
The court determined that SB 14 does not infringe on parental medical decision-making rights, suggesting these are balanced against the state’s responsibility to protect children from harm. It further affirmed the Texas Legislature’s authority to regulate medical practices and upheld the rational basis for the ban, concluding the risk associated with such treatments outweighed the perceived benefits.
In terms of medical professionals’ claims, the court assumed, without fully deciding, that medical licenses are property interests but emphasized these are not absolute and can be regulated by the state. SB 14 passes the “rationally related” test, as the statute supposedly does not unduly burden physicians nor prevents alternative treatments for gender dysphoria or similar treatments for adults.
Furthermore, the court rejected the argument that SB 14 violates equal protection clauses since it does not offer preferential treatment based on sex and does not recognize transgender status as a constitutionally protected class.
This decision comes as the U.S. Supreme Court has recently announced its intention to review the legality of state-level bans on gender-affirming care for minors [learn more](https://www.jurist.org/news/2024/06/us-supreme-court-to-rule-on-legality-of-gender-affirming-care-bans-for-transgender-youth/) (opens in a new tab). Currently, gender-affirming care bans are in place in half the states, with some, including Alabama, Florida, and Idaho, imposing felony charges for providing such care to youths. [Further state policies](https://www.lgbtmap.org/equality-maps/healthcare_youth_medical_care_bans) (opens in a new tab) show variations in how gender-affirming treatments are defined and regulated across the United States.