Map of Trans Youth Healthcare Access by Federal Appellate District
UPDATED JUNE, 24, 2024.On June 11, 2024, the U.S. District Court for the Northern District of Florida issued a decision in Doe v. Lapado, finding unconstitutional a Florida law banning trans healthcare for minors and severely restricting access to care for trans adults. Florida Governor Ron DeSantis’ office has already announced plans to appeal the decision to the Eleventh Circuit Court of Appeals, which has not yet taken up the issue of trans healthcare.
Federal appellate courts are split on the constitutionality of laws banning gender-affirming care for trans youth. Three appellate courts - the Sixth, Seventh, and Eighth Circuit Courts of Appeal - have taken up the issue gender-affirming care for trans youth, with varying results.
The Ninth Circuit was asked to reverse a district court decision prohibiting Idaho from enforcing a gender-affirming care ban, but the court refused to do so. After that, the Supreme Court stepped in and allowed the discriminatory ban to go into effect.
On June 24, 2024, the Supreme Court took up the issue of trans healthcare in two cases involving state-wide bans on gender-affirming care for trans youth. The Justices’ decision on this issue will have far-reaching consequences for trans individuals, especially trans youth, across the country. Read more here.
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—————— Sixth Circuit: Trans Youth Care Ban In Effect.
The Sixth Circuit contains Michigan, Ohio, Kentucky, and Tennessee.
In September of 2023, a split panel of judges on the Sixth Circuit Court of Appeals allowed gender-affirming care bans in Kentucky and Tennessee to go into effect. Plaintiffs and the Biden Administration have appealed the decision to the Supreme Court, which granted certiorari on June 24, 2024. Oral arguments will take place in the fall of 2024. Read more here.
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—————— The Eighth Circuit: No Ban on Healthcare for Trans Youth.
The Eighth Circuit contains North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Missouri, and Arkansas.
In October of 2023, a panel of three Eighth Circuit judges ruled that an Arkansas law banning gender-affirming care for trans youth violated plaintiffs’ rights under the Equal Protection Clause, the Due Process Clauses, and the First Amendment of the U.S. Constitution. That ruling, however, is currently under reconsideration by the full court, which heard oral arguments for the case on April 11, 2024. Read more here.
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—————— The Seventh Circuit: Trans Youth Care Ban In Effect.
The Seventh Circuit contains Indiana, Illinois, and Wisconsin.
More recently, in February of 2024, the Seventh Circuit Court of Appeals issued a sua sponte (unrequested) stay order allowing Indiana’s gender-affirming care ban to take effect. Read more here.
Follow along for more updates on cases involving access to trans healthcare.