Supreme Court To Rule on Constitutionality of Tn Trans Youth Medical Ban

Supreme Court of the United States. (2024, June 27). In Wikipedia.

On Monday the Supreme Court agreed to rule on the constitutionality of the Tennessee Law denying trans youth medical care. The justices agreed to rule on this after receiving a petition by the Biden Administration which alleges that Tennessee violates the 14th Amendment which guarantees equal treatment of all citizens under the law. 

Tennessee's law allows minors diagnosed with precocious puberty to receive the same medical treatment that youth diagnosed with gender dysphoria are being denied by the ban.

Not at issue is the effectiveness of either treatment as they have both been proven safe and are approved by every major US medical association.

The implications of the ruling can not be understated. Twenty-five states, all led by Republicans, have enacted laws banning trans youth from receiving gender-affirming medical care. 

Many states have since enacted laws becoming safe havens for families who need to escape these unjust laws. This has been brought to a head after conflicting decisions by District Courts some ruling in favor of trans youth care while some left the bans in place as they were litigated.

The fact that the justices decided to take up this question at all is significant, reports the 19th. The Supreme Court has declined to intervene on many issues related to transgender rights, including cases on bathroom access, school sports, whether trans people are protected under disability law, and whether trans students should receive confidential support in school. This inaction has repeatedly granted wins to LGBTQ+ advocates. Even when the Supreme Court allowed Idaho to enforce its ban on gender-affirming care for trans youth in April, it did not address the constitutionality of such bans or debate political interventions in medical care. Now, for the first time, the high court will take up the issue, which is what LGBTQ+ rights attorneys were hoping for.

The petition asks the Supreme Court to decide the bans' constitutionality which to most would be a no brainer. However, the impartiality of the conservative judges has been recently shown to be compromised leaving many in the transgender community with a feeling of dread and distrust.

Research has found that hormone therapy can improve the mental health of transgender adolescents and teenagers, according to the largest study to date published in the New England Journal of Medicine.

Major national medical associations -- including the American Academy of Pediatrics, the American Medical Association, the American Academy of Child and Adolescent Psychiatry, and more than 20 others -- agree that gender-affirming care is safe, effective, beneficial, and medically necessary, ABC reports.

As part of its mission, the AAP will continue to “ensure young people get the reproductive and gender-affirming care they need and are seen, heard and valued as they are,” AAP CEO/Executive Vice President Mark Del Monte, J.D., said in a statement.

LGBTQ advocates on Monday called on the Supreme Court to restore access to gender-affirming care for transgender youth across the country.

Texas Doctor Charged With Illegally Obtaining Transgender Healthcare Records

  (L) Dr. Eithan Haim walks out of the Bob Casey United States Courthouse after appearing for his arraignment on June 17, 2024 (Yi-Chin Lee/Houston Chronicle via Getty Images)(R) Chris Rufo Editor City Desk (Wkipedia)

Dr. Eithan Haim, a 34-year-old surgeon is accused of illegally obtaining private information on patients from the nation's largest pediatric hospital who were not under his care, CBS News reports.

The indictment charges that Haim illegally obtained information on both children and adults being treated for gender dysphoria at Baylor and Texas Children's Hospital locations.

Federal prosecutors said Dr. Haim, snatched the information and shared it with a right-wing extremist Chris Rufo with "intent to cause malicious harm" to Texas Children's Hospital in Houston.

Contributing Editor at City Journal and far-right propagandist Chris Rufo is largely responsible for the rise of “critical race theory” as a major concern for the GOP, according to Vox. He has played a crucial role in Florida Gov. Ron DeSantis’s attempt to transform Florida’s universities, spearheading the takeover and transformation of the New College of Florida, a small liberal arts school, as proof of concept for a new right-wing model for higher education.

The four-count indictment alleges Haim obtained personal information including patient names, treatment codes, and the attending physician from Texas Children’s Hospital’s (TCH) electronic system without authorization. He allegedly obtained this information under false pretenses and with intent to cause malicious harm to TCH.

According to the U.S. Attorney's Office, Southern District of Texas Press Release , the indictment charges that Haim was a resident at Baylor College of Medicine and had previous rotations at TCH as part of his residency.

In April 2023, Haim allegedly requested to re-activate his login access at TCH to access pediatric patients not under his care. The indictment alleges he obtained unauthorized access to personal information of pediatric patients under false pretenses and later disclosed it to a media contact.

Haim has publicly identified himself as the person who gave the information about patients at Texas Children's to Chris Rufo who published a story that the hospital was providing transgender care for minors in secret. At the time, transgender care for minors was legal in Texas, but the hospital under pressure from anti-LGBTQ crusader Texas AG Ken Paxton announced in 2022 that it would stop gender-affirming therapies.

Texas lawmakers banned transgender care for minors in September 2023. That law is being challenged in court

At least 25 states have adopted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states face lawsuits.

"I have maintained from day one that I have done nothing wrong. We're going to fight this tooth and nail, stand up for whistleblowers everywhere," Haim said outside the courthouse Monday.

Texas Children's declined to comment on the charges against Haim. In previous statements, hospital officials said its doctors have always provided care within the law.

Haim pleaded not guilty Monday in federal court to four counts of wrongfully obtaining individually identifiable health information.

If convicted, criminal indictments unsealed Monday indicate that Haim faces up to 10 years in federal prison and a $250,000 maximum possible fine. He was released on $10,000 bond.