The 6th Circuit Court upheld Tennessee’s ban on gender-affirming care for transgender minors, overturning a lower court ruling. The majority opinion cited the Supreme Court’s Dobbs decision multiple times, arguing that transgender care is not deeply rooted in U.S. history and thus not constitutionally protected. The dissenting judge argued that the ban amounts to sex discrimination and goes against precedent. This ruling breaks from other federal courts that have deemed similar bans unconstitutional, potentially setting the stage for the Supreme Court to weigh in on the issue. Advocates worry this ruling signals an erosion of constitutional protections for transgender people following Dobbs.
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This was the “hidden” impact of Dobbs that scholars were warning us about. It is going to be used in so many nefarious ways.