US judge blocks Tennessee trans youth healthcare ban

A federal judge has blocked enforcement of a Tennessee law banning gender-affirming healthcare care for trans youth up to age 18 while several families’ legal challenge against the law proceeds in court.

United States District Court Judge Eli Richardson in his 69-page ruling granted the request for a preliminary injunction against the law, SB1, in a lawsuit brought by Samantha and Brian Williams of Nashville and their 15-year-old daughter, as well as two other anonymous families and Dr. Susan N. Lacy.

The law would prohibit medical providers from providing gender-affirming health care to transgender youth and would require trans youth currently receiving gender-affirming care to end that care within nine months of the law’s effective date of July 1, 2023, or by March 31, 2024.

Richardson wrote in his conclusion:

“The Court realizes that today’s decision will likely stoke the already controversial fire regarding the rights of transgender individuals in American society on the one hand, and the countervailing power of states to control certain activities within their borders and to use that power to protect minors.

The Court, however, does not stand alone in its decision. As repeatedly emphasized above, several federal courts across the country have been confronted with laws that mirror SB1 in material respects. To the Court’s knowledge, every court to consider preliminarily enjoining a ban on gender-affirming care for minors has found that such a ban is likely unconstitutional. And at least one federal court has found such a ban to be unconstitutional at final judgment.”

The lawsuit was brought by the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP.

“This is a critical victory for transgender youth, their families, and their medical providers across the state,” said Joshua Block, Senior Staff Attorney for the ACLU’s LGBTQ & HIV Project. “Across the country, we’re seeing a clear and unanimous rejection of these laws as unconstitutional, openly discriminatory, and a danger to the very youth they claim to protect.”

“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. And to trans youth and their families: we see you, and we will not stop until all trans Tennesseans have the care and support they need to thrive.”

Tennessee’s is the sixth ban on gender-affirming care blocked by a federal court following similar rulings in Arkansas, Alabama, and Florida, and Kentucky. The ACLU and the ACLU of Oklahoma secured a binding non-enforcement agreement with the Attorney General of Oklahoma preventing enforcement of that state’s ban in May 2023. On June 16, 2023, the ACLU and the ACLU of Indiana were granted a preliminary injunction in a legal challenge against Indiana’s ban on gender-affirming care.

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