Tennessee can enforce ban on transgender care for minors, court says

Legal Analysis

Tennessee’s ban on gender-affirming care for transgender youth can go into effect — at least for now — after a federal appeals court on Saturday temporarily reversed a lower court ruling.

Last month, a district court judge in Tennessee found that the state’s new law banning transgender therapies like hormone blockers and surgeries for transgender youth was unconstitutional because it discriminated on the basis of sex. The judge blocked large swaths of the law from taking effect.

On Saturday, however, the Sixth U.S. Circuit Court of Appeals in Cincinnati granted an emergency appeal from Tennessee. In a 2-1 ruling, the majority wrote that decisions on emerging policy issues like transgender care are generally better left to legislatures rather than judges.

“Given the high stakes of these nascent policy deliberations — the long-term health of children facing gender dysphoria — sound government usually benefits from more rather than less debate,” wrote Chief Judge Jeffrey Sutton, an appointee of former President George W. Bush.

Tennessee’s attorney general, Jonathan Skrmetti, praised the ruling, saying the ban can now be fully enforced. “The case is far from over, but this is a big win,” he said in a statement.

The ruling is preliminary, and remains in force only until the appeals court conducts a full review of the appeal. Sutton wrote that the appeal process will be expedited, with a goal of resolving the case by Sept. 30.

Tennessee is one of at least 20 states across the country that have recently enacted bans or restrictions on gender-affirming care for minors. Federal judges in Indiana and Kentucky have blocked those laws from taking effect, while a judge in Arkansas struck down that state’s law.

Related listings

  • Montana vote adds to win streak for abortion rights backers

    Montana vote adds to win streak for abortion rights backers

    Legal Analysis 11/11/2022

    Abortion rights supporters secured another win Thursday as voters in Montana rejected a ballot measure that would have forced medical workers to intercede in the rare case of a baby born after an attempted abortion.The result caps a string of ballot ...

  • Court rehears fight over vaccine mandate for federal workers

    Court rehears fight over vaccine mandate for federal workers

    Legal Analysis 09/13/2022

    President Joe Biden has the same authority to impose a COVID-19 vaccine requirement on federal workers that private employers have for their employees, an administration lawyer told a federal appeals court Tuesday.A lawyer for opponents of the vaccin...

  •  New lawsuit seeks reinstatement of NY congressional maps

    New lawsuit seeks reinstatement of NY congressional maps

    Legal Analysis 05/03/2022

    A group of New York voters asked a federal court Monday to reinstate Congressional district maps tossed out by state judges last week because they were gerrymandered to favor Democrats.The lawsuit, filed in Manhattan, argued that even if those maps w...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.