The American Civil Liberties Union, the ACLU of Tennessee, and Lambda Legal, a national organization “committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and everyone living with HIV,” issued a statement where they have promised legal action against the Tennessee law that will prohibit gender affirming care for minors.
“We will not allow this dangerous law to stand,” said the statement. “We are dedicated to overturning this unconstitutional law and are confident the state will find itself completely incapable of defending it in court. We want transgender youth to know they are not alone and this fight is not over.”
Senate Bill 1 was recently signed into law by Governor Bill Lee on Thursday, March 2nd. The law will prohibit healthcare professionals from administering gender-affirming care to minors. This makes Tennessee the fourth state to ban this care for people under the age of 18.
This legislation will make gender affirming hormone therapy and puberty blockers inaccessible, and trans people in Tennessee will not have access to this care until they reach the age of 18. Similar restrictions have been made in states like Arkansas and Alabama.
A report entitled “LGBTQ Tennesseans: A Report of the 2021 Southern LGBTQ Experiences Survey,” released by the Campaign for Southern Equality in January 2023 defines gender affirming healthcare as “ an individualized experience for all trans and nonbinary people. There is no single surgery or standard path that all trans people access and each transgender person has their own unique needs related to gender affirming care.”
The report said that about 84 percent of transgender respondents from Tennessee said that “when they were under the age of 18, having access to gender-affirming care was important to their overall well-being.”
“Restrictive laws and policies related to gender affirming care can lead to increased stigma for transgender people, resulting in delays or avoidance in seeking necessary medical care, ultimately resulting in worse health outcomes for this population,” the study stated.
In response to the signing of the bill into law, Emma Chinn, co-author of LGBTQ+ Tennesseans, special projects coordinator at the Campaign for Southern Equality, and a master of public policy candidate at the Humphrey School of Public Affairs, said that research states that “access to transgender-related healthcare is critical to the physical and mental health of transgender people and their ability to thrive in their daily lives.”
As the law does not go into effect until July 1, 2023, advocates are also offering resources and steps for families to take action now.
A resource guide provided by the ACLU of Tennessee, Inclusion TN, and Campaign for Southern Equality lists the following recommendations:
- See current provider as soon as possible to discuss current needs and options for continued care;
- If you and your family have been planning to pursue gender-affirming care, try to initiate care before July 1 when the law takes effect;
- Fill current prescriptions with regard to gender-affirming medical care;
- To view a list of trans-affirming providers in Southern states, please visit the Trans in the South guide at www.transinthesouth.org.
- For any questions related to navigating gender-affirming care in Tennessee, please fill out this form at www.southernequality.org/tnresources or email TennesseeResources@southernequality.org
The Campaign for Southern Equality and Inclusion Tennessee have also partnered to give out rapid response emergency grants of $250.
