Texas Supreme Court upholds law restricting medical gender transition treatment for minors

The Texas Supreme Court ruled Friday that a law banning nearly all medical treatments for transgender minors will remain in effect.  The decision came after an 8-1 vote.

The decision comes after a group of medical providers, national LGBTQ organizations and families with transgender children filed a lawsuit to block the legislation, arguing that it violated their constitutional right to make decisions about their children's health.

Judge Rebeca Aizpuru Huddle, author of the court's opinion, explained that while "fit" parents have the right to raise their children without government interference, when complex questions arise about the relationship between this right and the government's authority to regulate medicine, the Constitution allows the government to step in and provide answers.

"We do not attempt to identify the most appropriate treatment for a child suffering from gender dysphoria. That  is a complicated question hotly debated by medical experts and policy makers throughout this country and the world...we conclude the Legislature made a permissible, rational policy choice to limit the types of available medical procedures for children, particularly in light of the relative nascency of both gender dysphoria and its various modes of treatment and the Legislature’s express constitutional authority to regulate the practice of medicine," wrote Huddle.

The legislation

The law in question, known as Senate Bill 14, was signed by Republican Gov. Greg Abbott last year.  It prohibits doctors from prescribing certain drugs, such as hormones and puberty blockers, to minors.  It also prevents certain surgical procedures, such as mastectomies.

The law includes certain exceptions for minors who were already receiving transgender treatments that do not involve surgery before June 1, 2023.  To qualify, they must have completed at least 12 sessions of mental health counseling or psychotherapy six months prior to beginning prescription drug treatment.  Trans youth who meet these criteria may continue to receive medical care under the supervision of their physician, although they are required to gradually discontinue such treatment.

Texas attorney general welcomes ruling

Ken Paxton used social media to applaud the Texas Supreme Court decision, highlighting that the law is "protecting children from dangerous gender confusion procedures."

"We will always defend children in Texas from these irreversible procedures.  My office will use every tool at our disposal to ensure that doctors and medical institutions follow the law," he added.