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

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.)