State Sen. Jack Johnson speaks at a rally against transgender health care, Oct. 21, 2022
Nashville federal Judge Eli Richardson on Wednesday partially blocked the July 1 implementation of a new Tennessee law banning gender-affirming health care for minors, yet another legal loss handed to the Tennessee General Assembly’s Republican supermajority.
Richardson blocked the part of the ban on puberty blockers and hormone therapies but will allow the ban on surgical procedures to go into effect as he found none of the plaintiffs were pursuing surgeries. Vanderbilt University Medical Center has said just a few minor patients pursue such surgeries each year and all who receive them are 16 or older.
VUMC shut down its pediatric transgender clinic at the start of the month, even though it had at least 10 more months to continue providing services to patients under the law, which allowed current patients to continue receiving care for nine months following the July 1 effective date.
Richardson, a Trump appointee, wrote that the Tennessee General Assembly had “failed” to protect the constitutional rights of patients. A part of the new law that allows former minor patients to sue people who authorized the care will go into effect.
According to multiple reports, Tennessee Attorney General Jonathan Skrmetti is planning to appeal the decision. Skrmetti is also investigating VUMC’s transgender clinic, with the hospital’s decision to turn over health records to the state alarming some patients. The attorney general said his investigation was related to billing practices and would not target individual patients.
The suit was brought by the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal and Akin Gump Strauss Hauer & Feld on behalf three Tennessee families with minor children and a doctor.
“Today’s ruling acknowledges the dangerous implications of this law and protects the freedom to access vital, life-saving health care for trans youth and their families while our challenge proceeds,” says Lucas Cameron-Vaughn, ACLU of Tennessee staff attorney. “This law is an intrusion upon the rights and lives of Tennessee families and threatens the future of trans youth across the state. We are determined to continue fighting until it is struck down for good. And to trans youth and their families: We see you, and we will not stop until all trans Tennesseans have the care and support they need to thrive.”
Republican lawmakers pledged to prioritize the legislation at a rally hosted in Nashville last year by right-wing media figure Matt Walsh.
Senate Majority Leader Jack Johnson (R-Franklin), one of the sponsors of the legislation, said he is “extremely disappointed” and appreciates Skrmetti’s willingness to appeal.
Following the legislative session earlier this year, the GOP-dominated legislature has seen several of its new pieces of legislation, especially those related to LGBTQ rights and an attack on Nashville governance, put on hold by courts or other authorities.
Earlier this week, the Federal Aviation Authority put a state takeover of the Metropolitan Nashville Airport Authority temporarily on hold. Earlier this month, a federal judge ruled a ban on drag performances in public places unconstitutional. In April, a panel of three state court judges ruled that a plan to cut the Metro Council from 40 members to 20 members could not go into effect, at least for this election cycle. Other litigation is pending.
