The Texas Supreme Court on Friday upheld the state's ban on gender-affirming treatment for children, allowing the Lone Star State to remain one of at least 25 states and one of the largest with restrictions on such treatment.
The law, which went into effect on September 1, 2023, bans children under 18 from receiving hormone treatments, puberty blockers and gender reassignment surgery. Children already taking the drug had to reduce their use. The law includes exemptions for children who have premature puberty or who have a “medically identifiable genetic disorder of sexual development.”
According to the Associated Press, a lawsuit challenging the law argues that it would harm transgender youth who are barred from seeking gender-affirming treatment against the recommendations of their doctors and parents.
The all-Republican court ruled 8-1.
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The Texas Supreme Court on Friday upheld a state law banning gender-affirming treatment for children. (AP)
“We believe that Congress may be permitted to limit the types of medical procedures available to children, especially given the relative infancy of gender dysphoria and its various treatment modalities and the Legislature’s explicit constitutional authority to regulate such practices.” “A reasonable policy choice was made,” Judge Rebeca Aizpuru Huddle wrote.
The lone dissenting judge said the court gave states the power to “legislate basic parental rights.”
“The state’s clear legal prohibition prevents these parents and many others from consulting with their doctors to develop individual treatment plans for their children, even children whose treatment could be life-saving.” Judge Debra Lehrman wrote. “This law is not only cruel, it is unconstitutional.”
Lower courts ruled the law unconstitutional, but it was allowed to take effect while the state Supreme Court hears the case.
Texas Republican Attorney General Ken Paxton tweeted after the ruling that his office “will use every tool at our disposal to ensure that doctors and health care providers comply with the law.”
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The law prohibits children under 18 from receiving hormone therapy, puberty suppressants, or sex-reassignment surgery. (Fox News)
The groups that filed the lawsuit criticized the ruling as harmful to transgender children and their families.
“It is hard to overstate the devastating impact this ruling has had on Texas transgender youth and the families who love and support them,” said Karen Loewy, a constitutional attorney and director of Lambda Legal’s constitutional practice, speaking on behalf of the doctors and families, the AP reported.
Ash Hall, LGBTQIA+ rights policy and advocacy strategist for the ACLU of Texas, said the government “should not deprive trans youth of the health care they need to survive and thrive,” adding, “It is unnecessary for Texas politicians to be obsessed with attacking trans children and their families.” “It’s so cruel,” he added.
Gender affirmation treatment for transgender children is 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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Lawsuits challenging the law argued that it harms transgender youth, who are barred from receiving gender reassignment treatment at the recommendation of their doctors and parents. (ALLISON DINNER/AFP, Getty Images)
A judge dismissed the medical group's argument that the constitutionality of the Texas law had nothing to do with it.
“The fact that expert witnesses or influential interest groups, such as the American Psychiatric Association, disagree with the Legislature’s judgment is completely irrelevant to the constitutional issue,” Justice James Blacklock wrote in a concurring opinion. “The Texas Constitution grants the Legislature the authority to regulate ‘medical practitioners.’”
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In lower court hearings, several doctors who treat transgender children testified that patients face mental health deterioration that could potentially lead to suicide if they are denied gender-affirming treatment.
Texas officials said the law was necessary to protect children and pointed to several other restrictions aimed at keeping minors safe, including on tattoos, alcohol, tobacco and certain over-the-counter drugs.
The Associated Press contributed to this report.