The Texas Supreme Court has authorized a new state law prohibiting gender-affirming medical care for transgender minors to become effective on Friday. This decision denies the request to halt the enforcement of the ban while an ongoing legal dispute regarding its constitutionality continues.
Earlier this month, Texas District Judge Maria Cantú Hexsel temporarily halted the implementation of the state’s prohibition on gender-affirming medical care for minors. This ban was enacted by Governor Greg Abbott in June. In her ruling on August 25th, Cantú Hexsel stated that the ban likely infringes upon parents’ right to make healthcare decisions for their children and discriminates against transgender youths based on their gender identity and sex, potentially violating the Texas Constitution. She also noted that the law, known as Senate Bill 14, contradicts established and evidence-based medical guidelines, potentially jeopardizing the licenses of healthcare providers. Notably, reputable medical associations consider gender-affirming medical care essential, safe, and effective for both transgender minors and adults.
In response, the state’s attorney general’s office appealed to the Texas Supreme Court, resulting in an automatic pause of Cantú Hexsel’s injunction. As a result, the law is set to go into effect on September 1st unless the Supreme Court opts to maintain the injunction.
The recent decision from the all-Republican state Supreme Court, issued on Thursday, lifts Cantú Hexsel’s injunction without providing an explanation for the ruling.
Legal advocates who challenged Senate Bill 14 criticized the court’s decision, deeming it “cruel” and asserting that it puts transgender youths, their families, and medical professionals in a vulnerable position. They emphasized that the district court carefully considered evidence and made a thoughtful determination that the ban likely violated the state constitution, warranting a delay in its implementation while the complete legal case unfolds. Expressing dismay, the advocacy groups noted that the fight to overturn the law is ongoing, despite this setback.
Among the states, including Texas, a total of 23 have enacted legislation preventing healthcare providers from offering gender-affirming medical care to transgender minors. Notably, 20 of these states have implemented such laws within this year. As per the Human Rights Campaign, approximately 35 percent of transgender youth across the country reside in states that have imposed limitations on their ability to access proper care.