Supreme Court may reckon with state trans procedure bans for minors sooner than later

Twenty-three states have passed bans on hormone therapy, surgery, or other forms of treatments for minors, leading to court battles throughout the country in which some courts have blocked such laws, while others allow them to continue in effect.A federal judge in Montana became the latest to rule against such bans for minors on Wednesday, holding that a law set to go into effect on Oct. 1 was unconstitutional.

If the 6th Circuit does not alter its initial ruling this week, transgender advocates may be forced to reckon with new hurdles to such procedures for minors in Kentucky, Michigan, Ohio, and Tennessee, which are under the jurisdiction of that appeals court. Although the Supreme Court has not been petitioned to weigh a dispute over transgender procedure bans, the number of conflicting rulings, coupled with the latest out of Montana, has prompted jurists and advocates to believe that type of dispute is forthcoming.

Quoting Dobbs, the 6th Circuit held"the regulation of a medical procedure that only one sex can undergo does not trigger heightened constitutional scrutiny unless the regulation is a ‘mere pretex[t] designed to effect an invidious discrimination against members of one sex or the other.’”

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