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 law prohibiting gender-affirming treatments.
Transgender women are now prohibited from competing in girls’ sports events in most Republican-controlled states, which have also banned gender-affirming medical care such as puberty-blocking hormones and medications.
Many of these measures face legal challenges, and this week’s decisions have been mixed. While Idaho is allowed to enforce its ban on gender-affirming health while lawsuits are ongoing, an Ohio judge has put a law on hold. Additionally, a federal appeals court ruling suggests a transgender child may be prevented from joining her school’s track team.
Here’s what you need to know about the most recent legislative actions and court decisions:
A judge in Ohio on Tuesday halted the implementation of a law that would endanger minors by April 24 and prohibit transgender women from playing sports for women in public places.
According to Franklin County Judge Michael Holbrook, it’s possible the law was passed in January and overridden by Republican Governor Mike DeWine’s veto. DeWine’s rejection violates a requirement that the government’s laws target just one issue. He noted that lawmakers added the gender-affirming treatment ban to the sports-related policy.
The two-week injunction on enforcement will remain in effect until a hearing is held to consider a request to stop enforcement while the case is being heard in court.
On Monday, the U.S. Supreme Court determined that Idaho has the authority to enforce its restrictions on providing adolescents with estrogen or puberty blockers. The law also bans gender-affirming procedures, which is exceptionally unusual for those under 18.
Most states have passed similar laws in recent years, many of which have been challenged in court. Twenty states are currently enforcing them.
This marked the first time the Supreme Court heard a case on this issue.
However, the justices did not delve deeply into the legality of the ban. Instead, 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 broad injunctions to halt laws while they are being challenged in court.
Arkansas enacted the first restrictions on gender-affirming treatment for minors in 2021.
Additionally, it was the first state law to be fully blocked by a federal court, not just temporarily.
Last year, a federal appeals court heard arguments in a challenge to Arkansas’ law.
Decisions made by circuit judges are likely to be appealed to the Supreme Court, which has been asked to overturn laws 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 ban on transgender females competing in girls’ sports violates the rights of one young athlete who challenged it.
As a result, 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 asserted in a statement that the ban is still in effect for some.
Other courts in Arizona, Idaho, and Utah have also issued rulings affecting transgender rights. However, the 2nd Circuit Court of Appeals in New York City sent a challenge to Connecticut’s policy of allowing transgender girls to compete in girls’ activities back to a lower court last year without ruling on its merits.
At least 24 states have laws or regulations prohibiting transgender girls and women from participating in specific sports events, most of which are currently in effect.
Additionally, some local restrictions are being challenged in court: a federal judge ruled that the New York state government could not sue Nassau County for violating the restrictions, a decision upheld by a local roller derby club.
Although Republican attempts to pass state restrictions have slowed this month, transgender individuals remain the target of legislative measures.
A bill that would require school personnel to inform parents if their student identifies as transgender was passed by Tennessee lawmakers on Monday. States including Alabama, Arizona, Arkansas, Idaho, Indiana, and North Carolina now have similar laws in place.
Legislation passed last week in Alabama seeks to define gender based on biological sex rather than gender identity. This month, lawmakers in more than a dozen states are also attempting to define a description of the sexes.
