Appeals court rejects challenge to Tennessee, Kentucky gender-affirming care bans

A federal appeals court ruled late Thursday to ban gender-affirming care for minors. can continue Located in Tennessee and Kentucky.

The appeals court’s decision overturns a lower court’s injunction earlier this year that blocked a state law’s gender-affirming care provision on grounds of sex discrimination.

The court’s 2-1 decision ruled that Tennessee and Kentucky legislators made “precise cost-benefit judgments” in enacting the bans and that “there is no reason why the judges should reconsider the bans.” There was no such thing.”

Both bans were passed by Republican legislatures in each state. Kentucky’s ban was vetoed in March by Democratic Gov. Andy Beshear, but the veto was overridden.

Justice Jeffrey Sutton wrote, “Prohibiting citizens and Congress from expressing their views on high-stakes health care policies where compassion for children goes both ways is a life-long statute of limitations without a clear constitutional warrant.” “This is not something a federal judge should do.” In his opinion.

At least 22 states have implemented bans on gender-affirming and other transgender care for minors, nearly all of which have been challenged in court. Bans on gender-affirming care have been blocked by courts in Arkansas, Alabama, Indiana, and Florida, primarily on procedural grounds.

LGBTQ advocates criticized the ruling but remained committed to pursuing legal challenges to the law.

“We are disappointed in the court’s decision,” said Cory Shapiro, legal director of the ACLU of Kentucky. in a statement. “The majority ignored extensive evidence from practicing medical experts and the trial court, all of whom agreed that this care was medically necessary, effective, and appropriate.”

“While it is unfortunate that the committee believes it is constitutional for the government to prohibit transgender youth from receiving such necessary medical care, this is only a temporary setback,” he said. added.

Tennessee Attorney General Jonathan Scumetti, a leading supporter of Tennessee’s ban, called the ruling a “victory for democracy.”

“Decisions that are not clearly resolved by the Constitution should be resolved by the people through their elected representatives,” he said.