No. 23-5600.

73 F.4th 408 (2023)

L. W., BY AND THROUGH her parents and next friends, Samantha WILLIAMS and Brian Williams; Samantha Williams; Brian Williams; John Doe, by and through his parents and next friends, Jane Doe and James Doe; Jane Doe; James Doe; Rebecca Roe; Susan N. Lacy, on behalf of herself and her patients; Ryan Roe, by and through his parent and next friend, Rebecca Roe, Plaintiffs-Appellees, v. Jonathan Thomas SKRMETTI, in his official capacity as the Tennessee Attorney General and Reporter, et al., Defendants-Appellants, United States of America, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 8, 2023.

Attorney(s) appearing for the Case

ON EMERGENCY MOTION FOR STAY OF PRELIMINARY INJUNCTION PENDING APPEAL and REPLY: Clark L. Hildabrand , Steven J. Griffin , Brooke A. Huppenthal , OFFICE OF THE TENNESSEE ATTORNEY GENERAL & REPORTER, Nashville, Tennessee, Adam K. Mortara , LAWFAIR LLC, Nashville, Tennessee, Cameron T. Norris , Tiffany H. Bates , CONSOVOY MCCARTHY PLLC, Arlington, Virginia, for Appellants. ON RESPONSE: Joshua A. Block , Chase Strangio , AMERICAN CIVIL LIBERTIES UNION FOUNDATION, New York, New York, Stella Yarbrough , Lucas Cameron-Vaughn , ACLU FOUNDATION OF TENNESSEE, Nashville, Tennessee, Sruti J. Swaminathan , LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., New York, New York, Tara Borelli , LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC., Decatur, Georgia, Christopher J. Gessner , AKIN GUMP STRAUSS HAUER & FELD LLP, Washington, D.C., for Appellees. ON AMICUS BRIEF: Jonathan F. Mitchell , MITCHELL LAW PLLC, Austin, Texas, Edmund G. LaCour, Jr. , A. Barrett Bowdre , OFFICE OF THE ALABAMA ATTORNEY GENERAL, Montgomery, Alabama, for Amici Curiae.

SUTTON, C.J., delivered the opinion of the court in which THAPAR, J., joined. WHITE, J. (pp. 422-23), delivered a separate opinion concurring in part and dissenting in part.


Tennessee enacted a law that prohibits healthcare providers from performing gender-affirming surgeries and administering hormones or puberty blockers to transgender minors. After determining that the law likely violated the Equal Protection and Due Process Clauses...


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