Federal court allows Tennessee's ban on gender-affirming care for minors to go into effect

A Saturday ruling from the Sixth U.S. Circuit Court of Appeals states that Tennessee can proceed with its ban on gender-affirming care for minors.

The ban will take effect immediately since the federal appeals court lifted an injunction against the law.

In a 2-1 ruling, the majority opinion stated that decisions on issues such as transgender care, which is considered an emerging policy issue, is better left to legislatures rather than judges, according to The Associated Press. 

“The case is far from over, but this is a big win. The court of appeals lifted the injunction, meaning the law can be fully enforced, and recognized that Tennessee is likely to win the constitutional argument and the case,” Tennessee Attorney General Jonathan Skrmetti said in a statement Saturday. 

As of now, the ruling remains preliminary. The court plans to issue a full ruling by Sept. 30 after it hears arguments for a full appeal of the ban, according to Politico.  

“The challengers do not argue that the original fixed meaning of either the due process or equal protection guarantee covers these claims,” Judge Jeffrey Sutton wrote in the court’s opinion.

“That prompts the question whether the people of this country ever agreed to remove debates of this sort — about the use of new drug treatments on minors — from the conventional place for dealing with new norms, new drugs, and new technologies: the democratic process," the opinion continued.