1. Appellate Courts Split on Care for Transgender Minors.
- Author
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NEWMAN, WILLIAM H.
- Subjects
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APPELLATE courts , *SEX discrimination , *MINORS , *LEGAL judgments , *TRANSPHOBIA , *DUE process of law , *TRANSGENDER people ,CIVIL Rights Act of 1964 - Abstract
Three federal appellate courts have reached different conclusions on the appropriate level of review for laws that prohibit gender-affirming care for transgender minors. The U.S. Court of Appeals for the Eleventh Circuit and the U.S. Court of Appeals for the Sixth Circuit applied a rational basis review and upheld bans in Alabama and Tennessee, respectively. However, the U.S. Court of Appeals for the Eighth Circuit applied intermediate scrutiny and affirmed an injunction against an Arkansas law. The Eighth Circuit's decision was supported by leaders of the ABA Litigation Section, who criticized the other appellate decisions. The cases involve laws that criminalize the prescription of drugs to transgender minors, with some states citing concerns about long-term consequences and lack of medical studies. The plaintiffs argue that the laws infringe on their constitutional rights, particularly under the Equal Protection Clause of the Fourteenth Amendment. The Eighth Circuit found that the Arkansas law failed to pass intermediate scrutiny and violated the Equal Protection Clause, while the Sixth and Eleventh Circuits held that the laws were rationally related to the states' legitimate interest in protecting minors' safety and did not violate the Equal Protection Clause. The courts also disagreed on whether transgender people constitute a suspect class and whether the laws violated the Due Process Clause of the Fourteenth Amendment. The decisions highlight the importance of the level of scrutiny applied and the differing perspectives on parental rights and the First Amendment. [Extracted from the article]
- Published
- 2024