“We recognize that other courts and judges have taken different approaches to these issues,” he wrote. “We recognize, too, that several district courts have addressed similar laws in other States and assessed those laws in much the same way as the district court did in this case,” he added, referring to Richardson's injunction.“We may be wrong,” Sutton conceded. “It may be that the one week we have had to resolve this motion does not suffice to see our own mistakes.
In the meantime, Tennessee’s ban is in effect. The 6th Circuit also hears appeals from Kentucky, Michigan and Ohio.Dissenting, Judge Helene White challenged the majority’s notion that the ban applies equally to both sexes. She noted, for example, that a person “identified male at birth could receive testosterone therapy to conform to a male identity, but a person identified female at birth could not.
Underscoring the 6th Circuit majority’s now-outlier status, White wrote that “until today, every federal court addressing similar laws reached the same conclusion as Brandt.” That referred to Brandt v. Rutledge, an 8th U.S. Circuit Court of AppealsSo even though this 6th Circuit ruling is preliminary and the issue is still being litigated in the circuit, there’s a clear split in thinking among the nation’s federal judges.
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