Texas Supreme Court Rules That Law Banning Puberty Blockers and Mutilation of Children Does NOT Violate State Constitution

The Texas legislature banned puberty blockers and genital mutilation for minors last June. They also barred taxpayers’ money from funding these procedures.

Doctors who break the law face loss of medical licenses. The law makes an exception for treatment of “precocious puberty” or genetic abnormalities.

Opponents who believe children should not be protected from this kind of harm challenged the law, claiming it violated the state constitution. A lower court contended that the law was likely unconstitutional and temporarily stopped enforcement.

The Texas Supreme Court disagreed (PDF). The court said the plaintiffs have not met the burden that barring treatment for “children suffering from gender dysphoria violates the Texas Constitution.”

The court concluded that “the Legislature made a permissible, rational policy choice to limit the types of available medical procedures for children, particularly in light of the relative nascency of both gender dysphoria and its various modes of treatment and the Legislature’s express constitutional authority to regulate the practice of medicine.”

The court also ruled that the law does not deny or abridge equality under the law because of sex.

Alliance Defending Freedom (ADF) filed an amicus brief in the case.

“Texas rightly enacted the Minors Protection Act to protect the health and welfare of all children—supporting their natural biological development and ensuring that children experiencing gender dysphoria have a chance for comprehensive healing and compassionate mental health support,” said Natalie Thompson, ADF attorney.

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