Tennessee Transgender Care Ban to Go in Effect for Now, Per Appeals Panel

A Tennessee law that bans hormone therapy and puberty blockers for transgender youth can go into effect immediately, a U.S. appeals court ruled on Saturday. The decision temporarily stays a ruling from a lower court and marks the first time a federal court has allowed a law banning transition care to come to fruition, albeit temporary for now, in the country.

The ruling from a divided three-judge panel (who voted two to one) of the U.S. Court of Appeals for the Sixth Circuit contrasts other recent decisions by federal courts that have permanently or temporarily blocked statewide bans on gender-affirming care for youth, such as the recent stay in Kentucky.

The court’s decision prevents doctors from providing gender-affirming care to youth, which reverses a lower court’s decision to halt the ban while it is met with legal challenges by families and advocacy groups. Saturday’s decision, however, is still preliminary — the court will issue a full ruling by Sept. 30 after it has heard further arguments on the constitutionality of the initial law, per Politico.

In its filing on Saturday, the court stipulated it would make its final decision concurrent with the Kentucky case, accelerating its schedule. While the decision is not yet permanent, it is another heartbreaking blow to transgender youth and those who support them, with 20 states having already approved bans or restrictions on transgender-related medical care, as The New York Times notes.

Until a permanent decision has been made, the bill signed by Tennessee Gov. Bill Lee in March is in effect. Health care professionals who provide gender-affirming hormones or surgery to those under 18 in the state can face a $25,000 penalty and could be subject to lawsuits.

“This ruling is beyond disappointing and a heartbreaking development for thousands of transgender youth, their doctors, and their families,” the advocacy groups that challenged the ban, which includes the American Civil Liberties Union and the American Civil Liberties Union of Tennessee, wrote in a joint statement on Saturday. “As we and our clients consider our next steps, we want all the transgender youth of Tennessee to know this fight is far from over and we will continue to challenge this law until it is permanently defeated and Tennessee is made a safer place to raise every family.”