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

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July 28th, 2023

Gender rights activists demonstrate outside the U.S. Supreme Court on June 30, 2023, in Washington, D.C. Many of the bans states passed this year against gender-affirming health care for youth are in federal court and may be on their way to the U.S. Supreme Court.

Olivier Douliery / Olivier Douliery

LOUISVILLE, Ky. – 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.)

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