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Texas Supreme Court Allows Controversial Gender-Affirming Care Ban for Transgender Minors to Proceed Amid Legal Challenge

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published September 03, 2023

By Author - LawCrossing

Texas Supreme Court Allows Controversial Gender-Affirming Care Ban for Transgender Minors to Proceed Amid Legal Challenge

In a recent development, the Texas Supreme Court has granted permission for a controversial state law banning gender-affirming care for transgender minors, which includes measures such as puberty blockers, hormones, and surgeries, to be enforced. At the same time, it considers a legal challenge against the statute.
 
This decision follows a previous ruling by a judge last Friday, which temporarily halted the law's implementation in response to a challenge filed by families of transgender children and medical professionals. The law was initially slated to take effect on the upcoming Friday.
 
In a joint statement, attorneys representing the affected families expressed their distress over the ruling, labeling it as "cruel" and emphasizing that it endangers Texas' transgender youth and their families and supportive healthcare providers. The Texas Attorney General's Office has not yet responded to this development. It's worth noting that the state's appeal to the Supreme Court automatically placed the lower court's order on hold, allowing the law to proceed as initially scheduled.
 
The legal team representing the families sought an emergency order from the state's highest court to once again halt the law while the appeal is being considered. Regrettably, the court declined the request without explaining its decision.
 
United States
This controversial law, signed by Republican Governor Greg Abbott in June, places Texas among the 20 states that have banned or imposed restrictions on gender-affirming care for minors.
 
Proponents of these bans argue that such treatments lack sufficient scientific evidence and pose potential risks. In contrast, mainstream medical organizations in the United States have opposed these restrictions, asserting that gender-affirming care plays a crucial role in enhancing the mental well-being of transgender patients and reducing the risk of suicide.
 
In her decision last Friday, District Judge Maria Cantu Hexsel of Travis County in Austin opined that the families would likely succeed in their challenge against the law. She contended that the law directly contradicts parents' fundamental right to make decisions concerning their children's healthcare. Additionally, Hexsel, a Democrat elected to her position, found that the law discriminates against transgender youth based on their transgender identity, interfering with the doctor-patient relationship and healthcare providers' ability to practice medicine.
 
It's worth noting that judges have temporarily blocked several similar state laws. However, in a different turn of events, a federal appeals court reinstated Alabama's ban on gender-affirming care for minors in August.
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