Gender-Affirming Care Ruling Could Force Supreme Court Reckoning

Sept. 29, 2023, 6:54 PM UTC

A Sixth Circuit decision that allows Tennessee and Kentucky to enforce gender-affirming care bans for minors elevates the simmering tensions over transgender rights to a new level and may force the US Supreme Court to weigh in.

The appeals court’s ruling on laws that prohibit doctors from using puberty-blocking drugs, cross-sex hormones, and surgeries to treat gender dysphoria in people under 18 “creates or deepens a number of circuit splits on a variety of transgender rights issues,” said Katie Eyer, a Rutgers Law School professor and a leading expert on LGBTQ+ employment rights, social movements, and constitutional law.

The ...

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