Texas Supreme Court Upholds Ban on Gender-Affirming Care for Transgender Minors
ICARO Media Group
The 8-1 decision overturned a lower court's ruling that the legislation violated the Texas Constitution.
The law, passed last year, also bars doctors from performing surgeries that change patients' physical characteristics to align with their gender identities. Furthermore, children who were already receiving gender-affirming treatments before the law was enacted will be required to cease treatment, and medical professionals who violate the ban will face license revocation.
The state of Texas, with its population of approximately 30 million residents, now becomes the largest state to ban gender-affirming care. This move aligns with a broader conservative agenda that seeks to restrict transgender rights across the United States. Former President Donald Trump, who is running for re-election, has previously vowed to end gender-affirming care for minors, equating the procedures to "child abuse."
Texas Attorney General Ken Paxton has pledged to utilize all available resources to ensure compliance with the law among doctors and medical institutions. State Representative Tom Oliverson, the sponsor of the measure, asserts that the state has a responsibility to regulate medical care.
The decision has drawn criticism from LGBTQ+ advocates, who argue that it encroaches on parental rights and will harm transgender children in a conservative state where parental control over issues like education has been expanded. Karen Loewy, a spokesperson for Lambda Legal, one of the groups that filed a lawsuit on behalf of five Texas families, stated that the court's decision allows politicians to determine appropriate medical treatment instead of leaving the responsibility with parents and doctors.
Justice Debra Lehrmann, the sole dissenter in the ruling, called the law not only cruel but also unconstitutional, arguing that it undermines fundamental parental rights. Lehrmann emphasized that the court's opinion jeopardizes all parental rights by lacking objective criteria and leaving parents without guidance.
While opponents of the law argue that it denies transgender youth access to critical healthcare services, supporters contend that legislatures have the authority to enact limits on medical care. The issue of banning gender transition care for minors has also caught the attention of the U.S. Supreme Court, which recently agreed to review a similar law in Tennessee, marking the first opportunity for the nation's highest court to consider the constitutionality of such restrictions.
The American Civil Liberties Union (ACLU) is monitoring over 500 bills deemed "anti-LGBTQ" across the country. Anti-transgender legislation typically targets areas with less popular support for trans rights, such as healthcare and restroom access. Jami Taylor, a political science professor specializing in transgender politics, highlights that these measures are part of a larger pattern of attacks on transgender rights, including attempts to regulate transgender individuals out of existence.
Public opinion on gender-affirming care for trans children remains divided. According to a Washington Post-KFF poll, a majority of Americans oppose puberty-blocking medications and hormonal treatments for trans minors. However, major medical associations argue that these treatments can significantly improve the well-being of gender-diverse individuals, lowering rates of depression and suicide.
The Texas Supreme Court's decision has profound consequences for the transgender community, particularly the estimated 30,000 Texans between the ages of 13 and 17 who identify as transgender. As the battle over transgender rights continues across the nation, the future of gender-affirming care for minors hangs in the balance.