Texarkana Gazette

What to know as courts act on transgende­r children’s rights

- GEOFF MULVIHILL

Three court rulings across the U.S. this week delved into laws restrictin­g the rights of transgende­r kids, including the first time the U.S. Supreme Court has gotten involved in a ban on gender-affirming care.

Most Republican-controlled states have now banned gender-affirming health care such as puberty blockers and hormones for transgende­r minors, and blocked transgende­r girls from participat­ing in girls sports competitio­ns.

Most of the measures face legal challenges, and this week’s rulings went both ways. The Supreme Court said Idaho can enforce its ban against gender-affirming health for minors while lawsuits proceed. An Ohio state judge put on hold a law against health care and sports participat­ion that was about to kick in there. And a federal appeals court ruled that West Virginia cannot keep a transgende­r girl from participat­ing on her school’s track team.

Here are things to know about the court rulings and the latest legislativ­e action.

OHIO JUDGE PUTS STATE

LAW ON HOLD

On Tuesday, an Ohio judge blocked enforcemen­t of a law that was to take effect on April 24, banning gender-affirming care for minors and keeping transgende­r girls off girls sports teams at schools.

Franklin County Judge Michael Holbrook said in his written opinion that it’s likely the law, adopted in January with a legislativ­e override of Republican Gov. Mike Dewine’s veto, violates a requiremen­t that the state’s laws address just one issue. He noted that lawmakers added the ban on gender-affirming care to the sports-related legislatio­n because they were unable to adopt it separately.

The ban on enforcemen­t is in effect for two weeks or until a judge holds a hearing for a request to halt enforcemen­t while the case works its way through the courts.

THE SUPREME COURT HAS ITS

FIRST SAY ON A BAN

The U.S. Supreme Court ruled on Monday that Idaho can enforce its ban on providing puberty blockers or hormones to minors. The law also bans gender-affirming surgery, which is extremely rare for those under 18 anyway.

At least two dozen states have put similar bans into law in the last few years, nearly all of them challenged in court. Twenty other states are currently enforcing them.

The Idaho ruling was the first time the issue reached the Supreme Court.

But the justices did not dive into the constituti­onality of the ban. Instead, they ruled 6-3 that enforcemen­t can proceed, except against the two transgende­r teens who sued. And most of the justice’s written opinions dealt with judicial procedure, exploring whether it’s proper for courts to impose universal injunction­s blocking laws while questions about them move through the courts.

OTHER CASES ON GENDER-AFFRMING CARE ARE IN PLAY

The first ban on gender-affirming care for minors was adopted by Arkansas in 2021.

It was also the first to be blocked entirely — not just temporaril­y — by a federal court.

Last week, 10 judges on the 8th U.S. Circuit Court of Appeals in St. Louis heard arguments on Arkansas’ appeal of the ruling that blocked the law.

Circuit court appeals often take months to decide, and any ruling is likely to be appealed to the U.S. Supreme Court, which has already been asked to block similar laws that are in effect in Kentucky and Tennessee.

COURT SAYS WEST VIRGINIA ATHLETE CANNOT BE BARRED

A three-judge panel from another federal appeals court, the Richmond, Virginia-based 4th U.S. Circuit, ruled 2-1 Tuesday that the West Virginia’s ban against girls sports competitio­n by transgende­r girls violates the rights of one teen athlete who challenged it.

The result: 13-year-old Becky Pepper Jackson, who has identified as a girl since she was in third grade, can stay on her middle school’s girls cross country and track and field teams.

Attorney General Patrick Morrisey said in a statement that the ban remains in place for others, though an ACLU-WEST Virginia spokespers­on said it’s not clear that there are any other kids in the state are impacted by the law.

Other judges have temporaril­y blocked enforcemen­t in Arizona, Idaho and Utah. But the New York City-based 2nd Circuit revived a challenge to Connecticu­t’s policy of letting transgende­r girls compete in girls sports, sending it back to a lower court last year without ruling on its merits.

At least 24 states have laws or policies on the books barring transgende­r girls and women from certain sports competitio­ns, and most are enforcing them.

And some local bans are being litigated: A federal judge ruled refused to block the New York state government from taking legal action against Nassau County’s ban, which is also being challenged by a local roller derby league.

THE LEGISLATIV­E BATTLES AREN’T OVER, EITHER

The pace of Republican efforts to pass state restrictio­ns has slowed this year, but measures before legislatur­es continue to target transgende­r people.

On Monday, Tennessee lawmakers gave near-final passage to a bill that would require public school employees to notify parents if their student identifies in school as transgende­r. States including Alabama, Arizona, Arkansas, Idaho, Indiana, North Carolina already have similar laws in place.

Last week, Alabama lawmakers advanced legislatio­n to define who is considered a man or a woman based on reproducti­ve systems rather than gender identity.

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