NASHVILLE, Tenn. (WTVF) — In a decision late Friday night, the Sixth Circuit Court reinstated the ban against gender-affirming care in Tennessee.
Originally, this ban was set to go into affect on July 1. But on June 28, three transgender minors, their parents and a doctor sued state officials, challenging Tennessee's bans on hormone therapy and its surgery prohibitions. They claimed it discriminates on the basis of sex, making it unconstitutional.
This went to the district court, who agreed to grant the motion in part. They stated that the families involved could challenge the ban on hormones and puberty blockers because it "infringes on the parents' fundamental right to direct the medical care of their children."
The district court concluded that the ban against gender-affirming care was "facially unconstitutional," meaning it could be challenged based on evidence of false statements or other legal issues in the document itself.
However, Tennessee appealed the district court. This means they applied to a higher court for the reversal of the decision of the district court and sought a stay to stop this legal proceeding. It was unsuccessful.
They then moved for a stay again in a new opinion based on two main arguments against what the distric courts said.
The first argument was that for a law to be "facially unconstitutional," it has to show "no set of valid applications," meaning the plaintiff would need to prove that absolutely none of the law's parts were valid before declaring it unconstitutional on its "face," not just some of them.
The second argument was that the district court's injunction extended further than necessary, meaning it affected all 7 million residents of Tennessee instead of just the nine challengers involved in the case.
A judge granted Tennessee the upholding of the stay, agreeing only with the issue of extending relief past the nine individuals.
Attorney General Jonathan Skrmetti called this temporary reversal a win for Tennessee.
“The case is far from over, but this is a big win. The court of appeals lifted the injunction, meaning the law can be fully enforced, and recognized that Tennessee is likely to win the constitutional argument and the case,” he said in a statement.
Ray Holloman, a Tennessee Equality Project advocate, expressed his disappointment at the ruling.
"It is disappointing to see the Sixth Circuit Court of Appeals lift this injunction, now effectively blocking transgender youth in the state from being able to receive life saving care. This fight is not over, and we will continue to fight for our transgender youth to have the ability to receive their gender affirming care in the state they call home," he said in a statement.
The reinstatement of the July 1 law is only temporary. A full ruling is expected by September 30, 2023.
If you would like to read the full opinion on this decision, the PDF is below.
