CTTO/NBC 5
Austin, TX — The Texas Supreme Court upheld the state’s ban on gender-affirming care for minors on Friday, rejecting appeals from parents who argued that it infringes on their right to seek medical care for their transgender children.
In an 8-1 decision, the all-Republican court maintained the law, which has been effective since September 1, 2023. Texas is the largest among at least 25 states that have enacted laws restricting or banning gender-affirming medical care for transgender minors.
Many of these states are facing legal challenges, and the U.S. Supreme Court recently agreed to hear an appeal from the Biden administration to block state bans on gender-affirming care. This case involves a Tennessee law similar to Texas’s, which restricts puberty blockers and hormone therapy for transgender minors.
The Texas law prohibits transgender minors from accessing hormone therapies, puberty blockers, and transition surgeries. Medical experts note that such surgical procedures are rarely performed on children. The law requires children already on these medications to be weaned off in a “medically appropriate” manner.
“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,” the court’s ruling stated.
The lawsuit challenging the Texas law argued it would have devastating consequences for transgender teens unable to obtain critical treatment recommended by their physicians and parents. A lower court had ruled the law unconstitutional, but it remained in effect while the state Supreme Court considered the case.
This ruling is part of a broader backlash against transgender rights, encompassing issues from bathroom access to participation in sports. As more states enforce health care restrictions, families of transgender youths are increasingly traveling out of state to seek care at clinics with growing waiting lists. At least 13 states have laws protecting care for transgender minors.
Research published in the Journal of the American Medical Association in July 2023 indicates that more than 89,000 transgender individuals aged 13 to 17 live in states that restrict their access to gender-affirming care, though not all transgender people choose or can afford such care.
Gender-affirming care for youths is supported by major medical organizations, including the American Medical Association, the American Academy of Pediatrics, the American Psychiatric Association, and the Endocrine Society. Medical professionals define gender dysphoria as psychological distress experienced by those whose gender expression does not match their gender identity. Opponents argue there is no solid proof of the purported benefits and contend that children should not make life-altering decisions they might later regret.
Texas officials defended the law as necessary to protect children, noting other restrictions on minors, such as those on tattoos, alcohol, tobacco, and certain over-the-counter drugs. Several doctors testified in a lower court hearing that denying transgender children safe and effective treatment could lead to deteriorating mental health and increased risk of suicide.
The Texas ban was signed into law by Republican Gov. Greg Abbott, who was the first governor to order investigations into families of transgender minors receiving gender-affirming care. During the legislative debate over the ban in 2023, transgender rights activists disrupted the Texas House with protests, leading state police to remove demonstrators from the building.
