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Federal Court Temporarily Halts Tennessee Ban on Transgender Care for Minors

In a partial victory for transgender Tennesseans, a federal judge issued a preliminary injunction Wednesday on portions of the new law prohibiting trans minors from obtaining gender-affirming care, ruling the law likely violates the First and 14th Amendments of the U.S. Constitution.

Judge Eli Richardson granted the injunction to the plaintiffs — parents of two transgender youth — agreeing with arguments that Senate Bill 1 may interfere with the right of a minor’s parents to direct the medical care of their children as protected by the 14th Amendment.

But Richardson also ruled the portion of the new law banning surgical treatment stands for the time being on the grounds that neither of the minor plaintiffs argued a prohibition on surgical treatment would affect their treatment for gender dysphoria.

The new law, which is set to take effect on July 1st, prohibits any minor in Tennessee from receiving certain medical procedures if the purpose of receiving those procedures is to enable that minor to live with a gender identity that is inconsistent with that minor’s sex at birth, defining  “medical procedure” as including “surgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being.”

In a memorandum, Richardson wrote that the law likely constitutes sex-based discrimination against transgender persons as it applies a standard to them not applied to others and that Tennessee lawmakers lacked real-world experience to accurately judge whether gender-affirming care is harmful: “It is feasible that one might assume that because these procedures are intended to have the treated minor’s body do something that it otherwise would not do (rather than allow the body to function in a purportedly ‘natural’ manner), the procedure must be ‘bad’ or ‘harmful’ to the minor.”

Such assumptions, Richardson added, do not provide sufficient evidence to uphold the law, although the case will proceed to a full trial for resolution.

Richardson’s ruling follows a June 20th decision in Arkansas, in which a federal judge similarly ruled that state’s law violated both the First and 14th Amendments, and one in Kentucky, also on Thursday.

Senator Jack Johnson (R-Franklin), sponsor of SB1, posted on Twitter, “I have complete faith that the legislation we passed is constitutional. I appreciate Attorney General [Jonathan] Skrmetti’s commitment to vigorously appeal this decision — all the way to the Supreme Court if necessary.”

Transgender rights advocates celebrated the ruling.

“Today’s ruling acknowledges the dangerous implications of this law and protects the freedom to access vital, life-saving healthcare for trans youth and their families while our challenge proceeds,” said Lucas Cameron-Vaughn, ACLU of Tennessee staff attorney. “This law is an intrusion upon the rights and lives of Tennessee families and threatens the futures of trans youth across the state. We are determined to continue fighting this unconstitutional law until it is struck down for good.”

“Finally, these families can regroup after a year of crisis,” said Molly Quinn, executive director of OUTMemphis, an LGBTQ advocacy organization. “The trans people I know are tired of being used to mobilize a Christian nationalist agenda, and tired of feeling forced out of Tennessee, at the cost of the basic healthcare they need to live free and happy lives. This fight isn’t over, and our message to trans Tennesseans is: Don’t give up. You have people fighting for you, and we won’t stop until Tennessee is a safe and affirming state for us all.”

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

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Advocacy Groups Promise Legal Action Against Transgender Healthcare Bill

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:

  1. See current provider as soon as possible to discuss current needs and options for continued care;
  2. 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;
  3. Fill current prescriptions with regard to gender-affirming medical care;
  4. To view a list of trans-affirming providers in Southern states, please visit the Trans in the South guide at www.transinthesouth.org
  5. 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.