Texas ban on gender-affirming care for minors takes effect
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Demonstrators at the Texas State Capitol in March. Photo: Brandon Bell/Getty Images
The Texas Supreme Court is allowing a state law banning gender-affirming care for minors to take effect Friday after lifting a lower court's temporary injunction Thursday.
Why it matters: Senate Bill 14 makes Texas the largest state to ban transgender health care for minors.
- The new law adds to a wave of state laws cracking down on gender-affirming care for minors. State legislatures have introduced 130 anti-trans health care bills in 2023 so far, according to data from the American Civil Liberties Union.
Details: SB 14 prohibits medical professionals from providing gender-affirming care, including medication and surgery, to patients under 18.
- It also prohibits public funds from being used to pay for a minor's gender-affirming care, and requires the Texas Medical Board to revoke the license of any doctors who provide such care.
- The bill's authors include Republican state Sens. Bob Hall from Rockwall, Tan Parker of Flower Mound, Angela Paxton of Allen and Kelly Hancock of Fort Worth.
Catch up quick: Five families, three medical providers and two LGBTQ+ organizations sued the state of Texas in July, alleging that SB 14 violates the state's constitution.
- A state district court judge ruled that the law "interferes with Texas families' private decisions" regarding medical care for children.
- In response, the attorney general's office filed an appeal with the Texas Supreme Court, which automatically paused the judge's injunction and cleared the way for SB 14 to take effect Friday.
The latest: The entirely Republican Texas Supreme Court did not explain its decision to lift the injunction yesterday, the Associated Press reported.
- The attorney general's office didn't respond to Axios' request for comment Thursday.
What they're saying: "We protect children against lots of things. We don't let them smoke. We don't let them drink. We don't let them buy lottery cards. … And so we are doing the right thing," Sen. Hall said in May, per the Texas Tribune.
- The other side: "Every parent in Texas should have the freedom to get their child the health care they need when they need it, whether their child is transgender or not," said Brian Bond, executive director of PFLAG National, an LGBTQ+ advocacy organization.
Of note: The American Medical Association supports access to gender-affirming care.
What's next: The Texas Supreme Court now has to decide whether or not to accept the initial appeal from the attorney general's office.
- If the court accepts the appeal, it will hear oral arguments before the end of March and rule on the case next summer.