Texas Supreme Court On Friday, the state upheld its ban on gender-change treatments for children, leaving the Lone Star State as one of at least 25 states, and the largest, that ban such treatments.
Effective September 1, 2023, this law denies hormone therapy, puberty blockers and gender reassignment surgery to children under the age of 18. Children who were already taking these drugs will have to reduce their intake. The law exempts children who are experiencing early puberty or who have a “clinically verified genetic disorder of gender development.”
The lawsuit challenging the law argues that it harms transgender teens who are prevented from receiving gender transition treatments recommended by their physicians and parents. The Associated Press,
The all-Republican court handed down its decision by an 8–1 majority.
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The Texas Supreme Court on Friday upheld the state’s ban on gender reassignment treatments for children. (AP)
“We conclude that the Legislature made an acceptable, rational policy choice in limiting the types of medical procedures available to children, particularly given the relative novelty of gender dysphoria and the various approaches to its treatment and the Legislature’s clear constitutional authority to regulate the practice of medicine,” Justice Rebecca Aizpuru Huddle wrote.
The lone dissenting judge said the court was giving the state government the ability to “abolish fundamental parental rights by enacting legislation.”
“The state’s explicit statutory prohibition prevents these parents and many others from developing individualized treatment plans for their children in consultation with their physicians, even for children for whom treatment could be lifesaving,” Justice Debra Lehrman wrote. “The law is not only cruel — it is unconstitutional.”
The law was ruled unconstitutional by a lower court, but it was allowed to remain in effect while the state Supreme Court considered the case.
Texas Republican Attorney General Ken Paxton tweeted after the verdict that his office would “use every means possible to ensure that doctors and medical institutions follow the law.”
The law denies children under the age of 18 access to hormone therapy, puberty blockers, and gender reassignment surgery. (Fox News )
the groups that filed suit The decision was criticized as harmful to transgender children and their families.
“It is impossible to overstate the devastating impact of this decision on transgender youth in Texas and the families who love and support them,” Karen Lowery, senior attorney and director of the constitutional law practice at Lambda Legal, told The Associated Press. Lambda Legal was one of the groups that sued the state on behalf of the doctors and families.
Ash Hall, policy and advocacy strategist for LGBTQIA+ rights at the ACLU of Texas, said the government “should not deny trans youth the health care they need to survive and thrive,” adding that “Texas politicians’ obsession with attacking trans kids and their families is needlessly cruel.”
Gender transition treatments for transgender children are supported by major medical organizations, including the American Medical Association, the American Academy of Pediatrics, the American Psychiatric Association, and the Endocrine Society.
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The lawsuit challenging the law argued that it harms transgender teens who are prevented from receiving gender transition treatments recommended by their physicians and parents. (Alison Dinner/AFP via Getty Images)
A judge dismissed the medical groups’ position as irrelevant to whether the Texas law is constitutional.
“The fact that expert witnesses or influential interest groups such as the American Psychiatric Association disagree with the Legislature’s decision is wholly irrelevant to the constitutional question,” Justice James Blacklock wrote in his concurring opinion. “The Texas Constitution gives the Legislature the authority to regulate ‘practitioners of medicine.’”
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At a lower court hearing, several doctors who treat transgender children testified that patients’ mental health could deteriorate if they were denied gender transition treatment, potentially leading to suicide.
Texas officials He said the law was necessary to protect children and pointed to a number of other restrictions to protect minors, including bans on tattoos, alcohol, tobacco and the use of some over-the-counter drugs.
The Associated Press contributed to this report.
