The Justice Department has reversed its position on opposing state laws banning puberty blockers and hormone therapy for minors, withdrawing its opposition to such bans. This change comes after the Biden administration previously argued that these bans discriminate against transgender individuals. The Tennessee ban on transgender care for minors has been at the center of the debate, with Supreme Court justices hearing oral arguments in December but not yet issuing a ruling.
President Trump had made opposition to transgender rights a central theme of his campaign and signed an executive order recognizing only two sexes, male and female, as recognized by the federal government. The new position of the Justice Department is in line with Trump’s views, directing the federal government not to support gender transitions for individuals under the age of 19.
The Justice Department’s previous challenge to Tennessee’s ban argued that it discriminated against transgender people, but Tennessee countered that the treatments have different risks and benefits when used by transgender youth. The case has been brought by three families and a Tennessee doctor, who treat adolescents with gender dysphoria. Gender-affirming care for minors is supported by major medical organizations, but a majority of Supreme Court justices seemed inclined to side with Tennessee during oral arguments.
The ACLU remains part of the case and is representing the families and doctor challenging the Tennessee ban. The outcome of this case could have implications for similar challenges pending in lower courts.
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