Federal Appeals Court Upholds Tennessee, Kentucky Ban on Transgender Medical Procedures for Children

A federal appeals court in Ohio upheld a ban on transgender medical procedures for minors in Tennessee and Kentucky, blocking so-called “gender-affirming care” treatments for children including gender reassignment surgeries, sex-transition treatments, and more.

The Cincinnati-based 6th US Circuit Court of Appeals on Thursday ruled in a 2-1 vote to reject the challenge to the “trans care” ban laws brought on by the ACLU.

In its majority opinion the court wrote: “The concept of gender dysphoria as a medical condition is relatively new and the use of drug treatments that change or modify a child’s sex characteristics is even more recent.”

“Prohibiting citizens and legislatures from offering their perspectives on high-stakes medical policies, in which compassion for the child points in both directions, is not something life-tenured federal judges should do without a clear warrant in the Constitution.”

Reuters reports: “In dissent, Judge Helene White said the Tennessee and Kentucky statutes ‘cannot pass constitutional muster’ and ‘intrude on the well-established province of parents to make medical decisions for their minor children.’”

Tennessee Attorney General Jonathan Skrmetti celebrated the ruling on X Thursday night, writing, “This is a big win for democracy. Decisions that are not clearly resolved by the Constitution should be resolved by the people through their elected representatives. I am so proud of our team who stood strong against the overwhelming resources arrayed against Tennessee in this case.”

Meanwhile the ACLU lamented the fact children won’t be able to get permanent life-altering gender mutilation surgeries.

“This is a devastating result for transgender youth and their families in Tennessee and across the region,” the group’s Tennessee chapter said in a statement. “The disastrous impact of Tennessee’s law and all others like it has already been felt in thousands of homes and communities. Denying transgender youth equality before the law and needlessly withholding the necessary medical care their families and their doctors know is right for them has caused and will continue to cause serious harm. We are assessing our next steps and will take further action in defense of our clients and the constitutional rights of transgender people in Tennessee and across the country.”

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