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Texas Supreme Court hears arguments over law blocking gender-affirming care

Groups like the ACLU of Texas say SB 14, which bans gender-affirming care, is unconstitutional, but other groups disagree.

AUSTIN, Texas — The Texas Supreme Court will have to consider arguments made over Senate Bill 14.

The law that went into effect in September restricts gender-affirming care for children. On Tuesday morning, the state Supreme Court justices heard from the state and opponents of the bill who say it's over-reaching.

Attorneys for the plaintiffs said the law is unconstitutional and restricts a parent’s right to choose care for their children. Supporters of the bill say that care is harmful.

Judges heard arguments over SB 14 for an hour on Tuesday morning. The Texas Attorney General's Office defended the bill.

“The statute is narrowly tailored to protecting children from interventions that interfere with their growth and development and have irreversible physical effects,” Natalie Thompson, with the AG's office, said.

Several groups are suing the state arguing the care is important.

“The state has disregarded widely recognized benefits of the care that Senate Bill 14 bans and the risk of doing nothing to treat gender dysphoria,” attorney Kennon L. Wooten said.

SB 14 blocks the use of gender-affirming care including puberty blockers and hormone therapy.

The group Texas Values, a conservative lobbying organization, said they believe the bill is trying to protect children.

“When you put kids through these procedures, kids get hurt and kids end up with irreversible damage that many times, later, they decide 'I shouldn’t have done that,'” Jonathan Saenz, president and attorney with Texas Values, said.

The ACLU of Texas said the now-prohibited care is forcing families with transgender children to leave the state. The organization said doctors who traditionally provide gender-affirming care are leaving, too.

“Puberty blockers and hormone therapy are considered safe and effective. This medical care is supported by every major medical association in the United States. The only thing that is new, unfortunately, is the political wave of attacks,” Brian Klosterboer, attorney for the ACLU of Texas, said.

Attorneys argued to the court that politicians shouldn’t choose what’s best for kids.

“The issue here is the state coming into the living room of parents and making decisions about care and that’s the problem,” Wooten said.

The group suing the state is asking for a temporary injunction that pauses Senate Bill 14 to be upheld. It’s not clear when the Supreme Court could make a decision.

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