Texas Supreme Court supports law that prohibits minors from receiving gender transition treatment.
The Texas Supreme Court made a controversial decision on Friday, upholding the state’s ban on gender transition treatment for children. This ruling solidifies Texas as one of at least 25 states, including the largest, with restrictions on such medical interventions.
The law in question has been in effect since Sept. 1, 2023, and it prohibits children under the age of 18 from accessing hormone therapy, puberty blockers, and gender transition surgery. Children who were already undergoing these treatments were required to gradually discontinue their use. However, the law does contain exemptions for children in early puberty or those with “a medically verifiable genetic disorder of sex development.”
The lawsuit that challenged this law argued that it harms transgender teenagers who are unable to receive gender transition treatment recommended by their physicians and parents. The court, comprised entirely of Republicans, delivered an 8-1 decision in favor of upholding the ban.
Justice Rebeca Aizpuru Huddle, who penned the majority opinion, stated, “We conclude the Legislature made a permissible, rational policy choice to limit the types of available medical procedures for children, particularly in light of the relative nascency of both gender dysphoria and its various modes of treatment and the Legislature’s express constitutional authority to regulate the practice of medicine.”
However, the lone dissenting judge expressed concerns about the infringement on parental rights, stating that the law prevents parents from developing individualized treatment plans for their children in consultation with physicians, even in cases where treatment could be life-saving. The dissenting judge argued that the law is not only cruel but also unconstitutional.
Despite a lower court ruling that deemed the law unconstitutional, it was allowed to remain in effect pending the state Supreme Court’s deliberations. Following the ruling, Texas Republican Attorney General Ken Paxton vowed to ensure compliance with the law by medical professionals and institutions.
The organizations that brought forth the lawsuit condemned the ruling as harmful to transgender children and their families. Karen Loewy from Lambda Legal criticized the devastating impact of the decision on Texas transgender youth and their supportive families. Similarly, the ACLU of Texas underscored the importance of providing essential healthcare to trans youth, condemning politicians who they believe are unfairly targeting trans kids and their families.
It is worth noting that gender transition treatment for transgender children is endorsed by major medical organizations such as the American Medical Association, the American Academy of Pediatrics, the American Psychiatric Association, and the Endocrine Society. However, Justice James Blacklock dismissed the opinions of these medical groups as irrelevant to the constitutional legality of the Texas law, emphasizing the Legislature’s authority to regulate medical practices.
During a lower court hearing, medical professionals testified that denying gender transition treatment to patients could result in deteriorating mental health and potentially increase the risk of suicide. Texas officials defended the law, stating that it was necessary to safeguard children and compared it to other restrictions in place for minors concerning tattoos, alcohol, tobacco, and certain over-the-counter medications.
Despite the controversy surrounding this ruling, the Texas Supreme Court’s decision to uphold the ban on gender transition treatment for children underscores the ongoing debate over the rights and healthcare access for transgender youth in the state.
