Texas Supreme Court upholds ban on gender-affirming care for minors

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The 8-1 ruling overturns a lower-court decision that said Senate Bill 14, passed last year, violated parental rights.

LGBTQ activists protest Senate Bill 14, a ban on gender-affirming medical care for transgender children, at the Texas Capitol, May 12, 2023, in Austin. The Texas Supreme Court upheld SB 14 Friday, June 28, 2024, rejecting pleas from parents that it violates their right to seek care for their transgender children. AUSTIN — The Texas Supreme Court ruled Friday that a law banning gender-affirming medical care for transgender children does not violate the state constitution.

“That is a complicated question hotly debated by medical experts and policy makers throughout this country and the world,” she wrote. “We emphasize, though, that the only question we are called upon to answer is a distinctly legal one: whether plaintiffs in this case have established a probable right to relief on their claims that the Legislature’s prohibition of certain treatments for children suffering from gender dysphoria violates the Texas Constitution.

“Confusingly, the Court relies on cases unrelated to medical care to support its holding that the Legislature’s authority to regulate the practice of medicine preempts the fundamental rights of parents,” Lehrmann said, adding the majority opinion “effectively forecloses all medical treatment options that are currently available to these children.”

SB 14 passed the Legislature largely along party lines last year. It bars physicians and health care providers from performing actions on minors to transition a child’s biological sex or affirm a child’s perception of their sex “if that perception is inconsistent with the child’s biological sex.”

 

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