Federal appeals court allows Tennessee ban on gender-affirming care for transgender minors to take effect

Tennessee's ban on gender-affirming care for minors will now take effect after a federal appeals court lifted an injunction against the law.

The appeals court granted a stay of a lower court injunction, which had been blocking enforcement of the state's ban. The ban prohibits health care providers from performing gender-affirming surgeries and administering hormones or puberty blockers to transgender minors, pending the duration of the appeal.

After determining the law, Senate Bill 1, likely violated the Equal Protection and Due Process Clauses, a district court had previously issued an injunction on the law's enforcement across the state. However, the state of Tennessee appealed and moved for an emergency stay of the district court's order.

"Because Tennessee is likely to succeed on its appeal of the preliminary injunction, we grant the stay," a panel of the Sixth Circuit Court of Appeals ruled on Saturday.

The law, which was passed in March, was originally set to take effect on July 1 and will now take effect immediately.

"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.

However, in their opinion, the court acknowledged their views were "initial" and "may be wrong," expediting the appeal of the preliminary injunction, with the goal of resolving it no later than September 30, 2023, "in an effort to mitigate any potential harm from that possibility."