ACLU Urges Supreme Court to Review Tennessee and Kentucky Bans on Gender-Affirming Care for Minors

First time for Supreme Court to consider restrictions on hormone therapy and surgeries for transgender minors as Tennessee families challenge law banning gender-affirming treatments; 21 states have passed similar laws since 2021.

The ACLU (American Civil Liberties Union) and Lambda Legal are representing a group of transgender minors in Tennessee, urging the Supreme Court to review Tennessee’s law that bans minors from receiving gender-affirming care. Lawyers announced that a similar petition will be filed soon for a corresponding Kentucky law.
These legal steps were prompted after the 6th Circuit Court of Appeals, in September, allowed the bans to take effect in both states. The petitioners argue the laws not only discriminate against transgender individuals contravening the 14th Amendment’s equal protection clause but also infringe on parents' rights to make medical decisions for their children.
The bans cover puberty blockers, hormone therapy, and gender-affirming surgeries. Since 2021, 21 different states have passed similar laws. The ACLU argues the Tennessee law conflicts with the Supreme Court’s 2020 decision in Bostock v. Clayton County.
The Supreme Court often steps in when discrepancies occur among the circuit courts of appeal. As of now, only the 6th and 11th circuits have upheld bans while other courts around the U.S. have been quick to block them. This uneven legal landscape creates legal uncertainty, causing chaos regarding trans youth's medical care.
Major medical organizations including the American Medical Association, the American Psychological Association, and the Endocrine Society oppose these restrictions. However, Tennessee and Kentucky's laws remain in effect until a higher court verdict arrives, placing many families and medical providers under stress and uncertainty.