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Published on June 28, 2024
Texas Supreme Court Upholds Law Barring Gender-Affirming Care for Trans MinorsSource: WhisperToMe, Public domain, via Wikimedia Commons

In a decisive move that has stirred considerable controversy, the Texas Supreme Court upheld a state law banning doctors from providing certain transition-related healthcare to transgender minors. The ruling, issued Friday morning, was a significant blow to LGBTQ+ advocates and families who had challenged the law's constitutionality.

The Texas Supreme Court, composed entirely of Republican justices, found that the lawmakers did not overstep their bounds and were acting within their rights to regulate medical practice. Despite arguments suggesting legislative overreach, the court concluded that Senate Bill 14, which restricts access to puberty blockers, hormone therapy, and surgeries for transgender youth, does not unconstitutionally infringe upon the rights of parents or medical practitioners. This opinion was supported by Justice Rebeca Aizpuru Huddle, who mentioned the unresolved questions about where to draw the line between parental autonomy and the legislature's authority in regulating medicine, as reported by The Texas Tribune.

The law, signed by Gov. Greg Abbott last June, was promptly met with legal challenges. The lawsuit was initiated by parents of five children, three doctors, and two advocacy organizations, which led to a temporary injunction by a Travis County district court judge. However, the Texas Supreme Election's most recent decision overrides that injunction, setting a precedent that some fear could embolden other states to follow suit.

The court's ruling has garnered reactions ranging from approval to dismay. Texas Attorney General Ken Paxton publicly expressed his satisfaction, stating on his X account, "My office will use every tool at our disposal to ensure that doctors and medical institutions follow the law." In sharp contrast, legal experts and advocacy groups are sounding the alarm on the impact this verdict will have on the transgender community. According to KXAN, Karen Loewy of Lambda Legal commented, "It is impossible to overstate the devastating impact of this ruling on Texas transgender youth and the families that love and support them," emphasizing the disconnect between political decision-making and medical expertise.

Justice Debra Lehrmann, the lone dissenter on the court, expressed her concern about the broader implications of the ruling for parental rights. In her dissent, she wrote, "Surely the right of parents to make medical decisions, in consultation with their physicians, regarding the welfare of their children is worthy of more constitutional protection than the Court recognizes today," suggesting that government authority could now easily override parent decisions, as detailed by KXAN.

Despite the setback, civil rights organizations like Lambda Legal and the Transgender Law Center have vowed to continue their fight against the law. "All Texans, no matter what they look like or the neighborhood they live in, should know that we will continue to work alongside our partners to fight for the rights of trans Texans and their families," said Lynly Egyes of the Transgender Law Center, highlighting the commitment to advocating for transgender youth in Texas and beyond.