Publication Date
Spring 4-23-2025
Document Type
Thesis
Degree Name
Master of Arts in History & Political Thought, Political Science Concentration (MA)
Department
Political Science
Committee Chair
Simon Zschirnt
Committee Member
Nilda Garcia
Committee Member
Jerry Thompson
Committee Member
James Norris
Abstract
As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination precedents in which courts have interpreted existing laws to protect transgender individuals. Ultimately, this thesis contends that both the right to gender-affirming care for minors and the right of parents to make such decisions constitute fundamental rights. Moreover, it asserts that these state-imposed bans constitute unlawful discrimination.
Recommended Citation
Soulas, Justin J., "The Right To Gender-Affirming Care" (2025). Theses and Dissertations. 215.
https://rio.tamiu.edu/etds/215
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, Courts Commons, Fourteenth Amendment Commons, Health Law and Policy Commons, Health Policy Commons, Human Rights Law Commons, Judges Commons, Law and Gender Commons, Political Science Commons, Social Justice Commons, State and Local Government Law Commons, Supreme Court of the United States Commons
