Tennessee's ban on gender-affirming care for transgender youth can go into effect after a federal appeals court on Saturday temporarily reversed a lower court ruling.
On Saturday, however, the Sixth U.S. Circuit Court of Appeals in Cincinnati granted an emergency appeal from Tennessee. In a 2-1 ruling, the majority wrote that decisions on emerging policy issues like transgender care are generally better left to legislatures rather than judges. The law, which was scheduled to go into effect on July 1, can go into effect immediately.
Tennessee's attorney general, Jonathan Skrmetti, praised the ruling, saying the ban can now be fully enforced."The case is far from over, but this is a big win," he said in a statement."This ruling is beyond disappointing and a heartbreaking development for thousands of transgender youth, their doctors, and their families," the ACLU of Tennessee, other advocates and attorneys in a joint statement.
Judge Sutton wrote that the appeal process will be expedited, with a goal of resolving the case by Sept. 30. Sutton acknowledged that other judges have ruled differently. The dissenting judge, Helene White, ruled that she believes the Tennessee law is likely unconstitutional, but said she would not have applied her ruling statewide, as the district court did. She said she would have limited her ruling to apply only to the nine plaintiffs who filed the lawsuit and to the Vanderbilt University Medical Center, where some of the plaintiffs had sought care.
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