The Sixth Circuit Court of Appeals bucked the trend this weekend when it reinstated Tennessee’s ban pending further litigation
In a 2-1 ruling, the judges in the majority said the challengers — three transgender minors, their parents, and a doctor — are unlikely to succeed on the merits, having asserted due-process and equal-protection claims.
According to Chief Judge Jeffrey Sutton and Judge Amul Thapar, the district court state abused its discretion when it granted a preliminary injunction against Tennessee.
“A court order that goes beyond the injuries of a particular plaintiff to enjoin government action against nonparties exceeds the norms of judicial power,” wrote Sutton.
The chief judge explained that the rulings of their colleagues on the federal judiciary in other parts of the country give them pause.
“But they do not eliminate our doubts about the ultimate strength of the challengers’ claims,” Sutton wrote.
According to the majority, more rather than less input is needed on something like the long-term health of children facing gender dysphoria.
“To permit legislatures on one side of the debate to have their say while silencing legislatures on the other side of the debate under the U.S. Constitution does not further these goals,” the opinion read.
The judges also held that while the medical community’s support for the position of the plaintiffs is relevant, it is not dispositive.
Read full story at National Review.
