MEMPHIS, Tenn. — The Sixth Circuit Court of Appeals reinstated the progressing bill that bans gender affirming healthcare for transgender minors in Tennessee, reversing the ruling that paused the bills progression less than two weeks ago.
Gender affirming healthcare includes surgeries, hormone blockers and other transgender therapies transgender youth may want or need.
In late June, a district judge ruled that the law discriminated on the basis of sex, and the judge blocked a large part of the bill; however, after this past weekend, the law is back in effect while the court case involving the law moves through court..
Following the decision, OUTMemphis Executive Director Molly Quinn made the following statement:
“This is state-sanctioned cruelty against Tennessee families, who are only seeking health care for their kids as best they can. They’ve faced unrelenting confusion and heartbreak this year because they’re afraid the state will take away their ability to live free and happy lives in the Volunteer State. We are doubling down on navigation services and support for trans youth and their families. Don’t give up. OUTMemphis is behind you in this fight, and we won’t stop until Tennessee is a safe and affirming state.”
Tennessee Attorney General Jonathan Skrmetti called the decision a huge win and made the following statement on social media:
“The case is far from over, but this is a big win. The court of appeals lifted the injunction, meaning the law can be fully enforced, and recognized that Tennessee is likely to win the constitutional argument and the case.”
Skrmetti also filed an appeal against another decision made by a federal judge in June, which limit where drag performances could take place. This new bill is also making its way through the Sixth Circuit Court.
"It's a little disappointing because we'd like to go back to our normal lives," said Micah Winter-Cole, Friends of George's Board Member.
The Memphis based theater troupe is preparing to once again defend freedom of speech for the LGBTQ+ community. They were successful in June when a federal judge declared the drag-limiting law was unconstitutional in a 70-page opinion.
"He will lose again, we are very confident in that. Our ruling is solid, and we have nothing to worry about," Winter-Cole said.
The case is now going towards the Sixth Circuit Court of Appeals, and regardless of the outcome, University of Memphis Professor of Law Daniel Kiel said this will carry a lot of weight.
“If it's determined to be unconstitutional at the Sixth Circuit level, then it would be enforceable throughout Tennessee," Kiel said.
Right now, both parties involved in the case are coming together to certify a record of events. This part should not take long, but the scheduling of the case most likely will.
"It might take months, it might take more than a year, it could take some time before the Sixth Circuit even hears the case, and then they have to come to a sort of decision," Kiel said.
A decision will be made by a panel of three judges, likely consisting of democrat and republican appointed judges. While Kiel said the opinion will likely carry some weight, the professor said there is now law requiring the circuit court to follow it.
"It's not the Republican first amendment, it's not the Democrat first amendment, it's the first amendment, and the job that they're charged with doing is looking at it based on the interpretation of the Constitution over time," Kiel said.
According to Kiel, if Skrmetti calls the court to stay the decision made by Judge Parker in June, the drag limiting law would be put back into effect in Shelby County and the Western District of Tennessee while the court case is under review.