Texas Supreme Court Upholds Ban on Gender-Affirming Care for Transgender Minors, Sparking Outrage from Advocates

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ICARO Media Group
Politics
28/06/2024 19h35

In a highly controversial ruling, the Texas Supreme Court has upheld a state law prohibiting doctors from prescribing gender-affirming care to transgender minors. This decision comes after parents and medical professionals challenged the constitutionality of the restriction, arguing that it violated their right to make decisions about their children's health.

Justice Rebeca Aizpuru Huddle, delivering the court's opinion, acknowledged the right of "fit parents" to raise their children without interference from the government. However, she also noted that this right is not absolute, emphasizing that the Legislature has the authority to regulate the practice of medicine in cases where new societal developments raise questions about the boundaries of parental autonomy.

The ban on gender-affirming care imposed by state lawmakers last year bars transgender teenagers from accessing puberty blockers and hormone therapy. Despite facing staunch opposition from LGBTQ+ advocacy groups and parents of trans children, this restriction aligns with similar bans implemented in several other Republican-led states.

Highlighting their belief that Senate Bill 14 violated their constitutional rights, Texas parents, doctors, and advocacy groups filed a lawsuit challenging the law last summer. During the hearing, medical professionals testified that the ban would deprive them of the ability to provide standard care to transgender patients. Puberty blockers and hormone therapy are crucial in treating gender dysphoria, a condition experienced by some transgender individuals in which their assigned sex at birth does not align with their gender identity.

Transgender youth, their parents, and major medical groups argue that such treatments are vital in protecting the mental health of an already vulnerable population, which faces a higher risk of depression and suicide compared to their cisgender peers. Discontinuing or limiting these treatments could cause physical discomfort and psychological distress, with some individuals referring to it as forced detransitioning.

Attorney General Ken Paxton celebrated the court's ruling, citing it as a means of safeguarding children. Paxton pledged to utilize all available tools to ensure that doctors and medical institutions adhere to the law. Meanwhile, Republican state Representative Tom Oliverson, the sponsor of SB 14, expressed satisfaction with the ruling, stressing the Legislature's constitutional authority and duty to regulate medical practices.

However, LGBTQ+ rights strategist Ash Hall, representing the ACLU of Texas, criticized the decision, predicting continued suffering for transgender youth and their families. Hall asserted that the choice of undergoing medical treatment for gender dysphoria should rest with transgender youth, their parents, and their doctors. Hall also highlighted the perceived hypocrisy in allowing certain medications, such as puberty blockers, for other conditions while prohibiting them for individuals with gender dysphoria.

Karen Loewy, senior counsel and director of constitutional law practice for Lambda Legal, described the ruling as devastating for trans youth and their families, lamenting the denial of necessary medical care. Advocates argue that the law is part of a broader coalition of bills targeting the LGBTQ+ community, with some Texas Republicans campaigning under the guise of protecting children.

The Texas Supreme Court, composed of nine Republican justices, heard the case in January after a lower court temporarily blocked the law from taking effect. While acknowledging that they were not evaluating the best medical course of action for gender dysphoria, the justices concluded that the Legislature has the power to regulate medical practices. They justified their decision by emphasizing the relative newness of gender dysphoria and its treatments, as well as the Legislature's constitutional authority in regulating medicine.

This ruling has sparked outrage among LGBTQ+ advocates who view it as a setback for transgender rights in Texas. The fight for LGBTQ+ rights in the state seems to face a challenging road ahead, leaving many concerned about the welfare and wellbeing of transgender minors.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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