Can states’ bans on transgender care hold up in court? We break down the arguments

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07/28/2023

Of the 20 states restricting gender-affirming hormone therapy, nearly half are being challenged in federal court. At the heart of these lawsuits is this question: Do bans on gender-affirming care violate the U.S. Constitution’s Fourteenth Amendment? (A reminder: The Fourteenth Amendment says states can’t deprive people of liberty without due process and can’t deny people equal protection under the laws.) Abigail Moncrieff is the co-director of Cleveland State University’s Center for Health Law and Policy and says, “The problem with gender-affirming care is that it’s never been challenged before.” “The question of, ‘Do parents have a right to provide their children with gender-affirming care?’ is a new question,” she says.

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