Three judicial decisions have been made across the United States this year, addressing laws that restrict the rights of transgender children, including the first instance of the Supreme Court becoming involved in a moratorium on gender-affirming care.
Transgender women are no longer permitted to compete in girls’ sporting events in most Republican-controlled states, which have now banned gender-affirming medical care like puberty blockers and hormones for transgender minors.
Most of these measures face legal challenges, and this week’s decisions have been mixed. While Idaho is allowed to impose its ban on gender-affirming health while lawsuits are in progress, an Ohio judge put a regulation that was about to go into effect on hold. Additionally, a transgender child may be prevented from joining her school’s track team, according to a federal appeals court ruling.
Here’s what you need to know about the most recent legislative actions and the court decisions:
Ohio Judge Puts State Laws On Hold
A judge in Ohio on Tuesday halted the implementation of a law that would endanger adolescents by April 24 and prohibit transgender women from playing sports for girls in public places.
According to Franklin County Judge Michael Holbrook, it’s likely the law was passed in January and overridden by Republican Governor Mike DeWine’s veto. DeWine’s rejection violates a requirement that the state’s laws address just one issue. He noted that lawmakers added the gender-affirming care ban to the sports-related policy.
The prohibition on enforcement lasts for two weeks, or until a court holds a hearing to hear a plea to stop enforcement while the case is progressing through the courts.
First Ruling On A Ban Is From The Supreme Court
The U.S. Supreme Court ruled on Monday that Idaho has the authority to enforce its restrictions on giving adolescents estrogen or puberty blockers. The law also bans gender-affirming procedures, which is exceptionally unusual for those under 18 anyway.
In the last few centuries, nearly all states have passed similar laws, most of which have been challenged in court. Twenty more states are already enforcing them.
This marked the first time the Supreme Court heard a case on this issue.
However, the judges did not go into great detail about the legality of the restrictions. Rather, they ruled 6-3 to allow enforcement to continue, except for the two transgender youth who sued. The majority of justices’ written opinions focused on procedural issues, such as whether courts should issue general injunctions blocking laws while they are moving through the courts.
Other Cases on Gender-Affirming Care Are in Play
In 2021, Arkansas implemented the second moratorium on gender-affirming treatment for minors.
Additionally, it was the first federal court to completely block it, not just temporarily.
Last year, 10 judges on the 8th U.S. Circuit Court of Appeals heard Arkansas’s legal challenge to the decision that blocked the law.
Any decision is likely to be appealed to the U.S. Circuit Court, which typically takes months to decide. The Supreme Court, which has already been asked to review laws that are already in place in Tennessee and Kentucky.
A three-judge panel from another federal appeals court, the Richmond, Virginia-based 4th Circuit Court of Appeals, ruled 2-1 on Tuesday that West Virginia’s restrictions on transgender girls from competing in sports competitions violate the rights of one girl athlete who challenged it.
The outcome: 13-year-old Becky Pepper Jackson, who has identified as a girl since fourth grade, may participate in her middle school’s girls’ cross-country and track and field teams.
Although an ACLU-West Virginia director said it’s unclear whether any other children in the state are impacted by the rules, Attorney General Patrick Morrisey stated in a statement that the ban is still in effect for some people.
Courts in Arizona, Idaho, and Utah have partially slowed down other laws. However, the 2nd Circuit of New York City sent a new challenge to Connecticut’s policy of allowing transgender women to compete in female activities back to a lower court last year without ruling on its merits.
At least 24 states have laws or regulations that prohibit trans girls and women from participating in specific sports events, and most of them are already in effect.
Additionally, some local restrictions are being litigated: a federal judge ruled that the New York state government could not sue Nassau County for violating the ban, a decision also upheld by a neighborhood roller derby group.
The Congressional Wars Aren’t Over, Either
Although Republican attempts to pass state restrictions have slowed this month, trans people continue to be the target of measures before legislatures.
A bill that would require school personnel to inform parents if their student identified as transgender was passed by Tennessee lawmakers on Monday near-finally passed. States including Alabama, Arizona, Arkansas, Idaho, Indiana, and North Carolina now have similar laws in place.
Legislation passed last week seeks to define who is a man or woman based on reproductive systems rather than gender identity. Additionally, lawmakers in more than a few states this year are attempting to formalize a description of the sexes.
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