A new Texas state law, which prohibits gender-affirming care for minors, was allowed to take effect by the Texas Supreme Court. This makes Texas the most populous state in the United States with such restrictions on transgender children. Legal advocates, including the American Civil Liberties Union (ACLU), who filed lawsuits on behalf of affected families and doctors, condemned the law and the court’s decision, calling it “cruel.” They emphasized that the fight against this law is far from over.
Last week, a state district judge ruled that the pending law violated the rights of transgender children and their families to seek appropriate medical care. The judge also argued that it hindered doctors’ ability to follow established, evidence-based medical guidelines, as they faced the threat of losing their medical licenses.
The Texas Supreme Court’s decision to lift the injunction and allow the law to take effect did not provide an explanation. The order did not address the lower court’s ruling that the law is unconstitutional, and a full hearing on the matter is anticipated.
It’s worth noting that more than 20 states have passed laws aimed at banning some forms of gender-affirming care for minors, although the enforcement of some of these laws has been delayed or halted by court orders.
The Texas law restricts transgender minors from accessing hormone therapies, puberty blockers, and transition surgeries, despite the fact that such surgical procedures are rarely performed on children. It also mandates that children already on the banned medications must be gradually weaned off them in a “medically appropriate” manner, as specified by the law.
Supporters of the law, such as the conservative group Texas Values, argue that it is in the best interests of children to protect them from what they see as harmful and dangerous gender transition surgeries and puberty blockers.
The lawsuit against the Texas law contends that it will have severe consequences for transgender teenagers, as they may be denied critical treatments recommended by their physicians and parents. Some doctors who specialize in treating transgender children expressed concerns that their patients could experience deteriorating mental health and even be at risk of suicide if they are unable to access safe and effective treatment.
Governor Greg Abbott, a Republican, signed the Texas ban into law in June, and he was also the first governor to order an investigation into families of transgender minors who receive gender-affirming care.