US court upholds law banning transgender surgeries for children

US court upholds law banning transgender surgeries for children
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Tennessee's law prohibiting doctors from providing gender-affirming medical care to transgender minors has been granted immediate enforcement by a U.S. appeals court, according to a ruling on Saturday.

The U.S. Court of Appeals for the Sixth Circuit determined that the advocacy groups challenging Tennessee's law could not demonstrate a likelihood of success in proving its violation of the U.S. Constitution.

In a 2-1 vote, the panel of judges overturned a previous decision that had halted the enforcement of the law during the legal challenge.

Judge Jeffrey Sutton, writing for the appeals court, emphasized the role of democracy in addressing the complex and evolving field of medical debate surrounding transgender care.

He cautioned against judicial overreach and the potential for unduly restricting democratic processes by judicially interpreting the Constitution.

Efforts to impose restrictions on medical care for transgender children have been growing, with Tennessee's law forming part of this trend.

Advocates of the law argue that it is necessary to safeguard minors from potential harm and contend that gender-affirming care can be life-saving.

The law in question prohibits medical procedures aimed at enabling a to identify with a gender different from their assigned sex at birth.

Previously, federal judges had blocked the implementation of similar laws in five other states, deeming them unconstitutional due to the violation of equal protection rights under the Constitution.

The recent decision by the appeals court emphasized that, in the absence of evidence demonstrating a constitutional violation, matters pertaining to medical care and the protection of minors are best addressed through the legislative process at the state level.

Judge Helen White expressed her belief that Tennessee's law is likely to be deemed unconstitutional on the grounds of sex discrimination.

The appeals court intends to reach a final decision on Tennessee's law by September 30. Judge Sutton acknowledged that these preliminary views are subject to change, recognizing the complexity and significance of the issue at hand.

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