SCOTUS hears case on Tennessee transgender care ban for minors
By Ray Bogan (Political Correspondent)
The Supreme Court heard oral arguments Wednesday, Dec. 4, on a Tennessee law that bans the use of puberty blockers and hormone therapy for minors. The Tennessee law, known as SB1, states there is a compelling interest to protect children.
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“Its application turns entirely on medical purpose, not a patient’s sex. That is not sex discrimination,” James Mathew Rice, Office of Tennessee Attorney General told the justices.
“Just as using morphine to manage pain differs from using it to assist suicide, using hormones and puberty blockers to address a physical condition is far different from using it to address psychological distress associated with one’s body,” Rice continued.
The American Civil Liberties Union (ACLU) and the Biden administration argued against the law’s categorical ban on children who identify differently than their birth sex.
“It doesn’t matter what parents decide is best for their children, it doesn’t matter what patients would choose for themselves, and it doesn’t matter if doctors believe this treatment is essential for individual patients,” U.S. Solicitor General Elizabeth Prelogar said.
This decision will impact transgender care nationwide because there are similar laws in 23 other states.
Justice Samuel Alito asked the ACLU attorney, who is transgender, about minors who transition and then change their mind.
“Are there not such people?” Alito asked.
“There are such people, I agree with that,” attorney Chase Strangio replied.
“So it’s not an immutable characteristic is it?”
“Well, I think people’s understanding of it shifts,” Strangio said. “I think the normative reason for that particular consideration is whether or not this is something that someone should or could change and whether they would have to change it in order to receive constitutional protections, and I think transgender status clearly fits within that.”
That was one of Tennessee’s main points: the changes to the body are permanent, but the child may one day seek to reverse them.
“They cannot eliminate the risk of detransitioners, so it becomes a pure exercise of weighing benefits versus risk,” Rice said. “And the question of how many minors have to have their bodies irreparably harmed for unproven benefits is one that is best left to the legislature.”
That’s when Justice Sonia Sotomayor jumped in.
“I’m sorry counselor, every medical treatment has a risk, even taking aspirin,” Sotomayor told Rice. “There’s always going to be a percentage of the population under any medical treatment that’s going to suffer a harm.”
Sotomayor said the case is really about sex-based differences. The law allows certain drugs to be used for children who have medical conditions like early puberty or delayed puberty but not those who want to change gender.
It could be months before the justices release a final decision, as they are still in the first half of their term, which won’t end until approximately June 2025.
The Supreme Court heard oral arguments Wednesday on a Tennessee law that bans the use of puberty blockers and hormone therapy for minors. The Tennessee law says there is a compelling interest to protect children.
(full screen statement)
“These procedures can lead to the minor becoming irreversibly sterile, having increased risk of disease and illness, or suffering from adverse and sometimes fatal psychological consequences.”
James Mathew Rice, Office of Tennessee Attorney General 1:46:25
Its application turns entirely on medical purpose, not a patient’s sex. That is not sex discrimination. 1:46:44 Just as using morphine to manage pain differs from using it to assist suicide, using hormones and puberty blockers to address a physical condition is far different from using it to address psychological distress associated with ones body.
The ACLU and Biden Administration argued against the law’s categorical ban for children who identify differently than their birth sex.
Elizabeth Prelogar, US Solicitor General: “It doesn’t matter what parents decide is best for their children, it doesn’t matter what patients would choose for themselves, and it doesn’t matter if doctors believe this treatment is essential for individual patients.”
This decision will impact transgender care nationwide because there are similar laws in 23 other states.
Justice Alito asked the ACLU attorney, who is transgender, about minors who transition and then change their mind.
Alito: Are there not such people?
Chase Strangio: There are such people I agree with that.
Alito: So it’s not an immutable characteristic is it?
Strangio: Well I think people’s understanding of it shifts. But the evidence shows there’s at least a strong underlying basis. I think the normative reason for that particular consideration is whether or not this is something that someone should or could change and whether they would have to change it in order to receive constitutional protections and I think transgender status clearly fits within that.
That was one of Tennessee’s main points – the changes to the body are permanent, but the child may one day seek to reverse.
James Mathew Rice, Office of Tennessee Attorney General Tc :28 They cannot eliminate the risk of detransitioners so it becomes a pure exercise of weighing benefits vs. risk. And the question od how many minors have to have their bodies irreparably harmed for unproven benefits is one that is best left to the legislature.
Sotomayor: “I’m sorry counselor. Every medical treatment has a risk, even taking aspirin. There’s always going to be a percentage of the population under any medical treatment that’s going to suffer a harm.”
Justice Sotomayor said the case is really about sex based differences. The law allows certain drugs to be used for children who have medical conditions like early puberty or delayed puberty, but not those who want to change gender.
It could be months before the justices release a final decision, as they are still in the first half of their term which won’t end until approximately June 2025.
Media Landscape
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Click to see story on Northwest NewsradioLandmark Supreme Court case weighs gender-affirming care for trans kids – Connect FM | Local News Radio | Dubois, PA
Click to see story on Connect FM | Local News Radio | Dubois, PALandmark Supreme Court case weighs gender-affirming care for trans kids
Click to see story on Quality Rock Z94.3Supreme Court evaluates whether states can ban treatments for transgender minors
Click to see story on Telemundo 20U.S. Supreme Court Examines Access to Treatment for Transgender Minors
Click to see story on robertocavada.comU.S. Supreme Court Hears Case on Puberty Blockers for Kids
Click to see story on The European ConservativeEquality California: Statement on Oral Arguments in Supreme Court Case Involving Access to Gender-Affirming Care
Click to see story on YubaNetWhat to Know About the Supreme Court Case on Youth Access to Gender-Affirming Care
Click to see story on Katie Couric MediaWhat to expect as the Supreme Court weighs in on gender-affirming care for trans youth
Click to see story on QBurghThe Crusade Against Trump’s Transgenders and Republicans Reaches the Supreme
Click to see story on informacion.esListen Live: Supreme Court Hears Case on Tennessee Law Banning Puberty Blockers for Minors
Click to see story on cybernistas.comTransgender care for minors case lands at the Supreme Court: What to know
Click to see story on livenowfox.comSupreme Court appears divided over state bans on gender transition ‘treatments’ for minors
Click to see story on 1330 & 95.5 WFINU.S. Supreme Court Examines Trans Minor Access to Treatments
Click to see story on elsoldemexico.com.mxSupreme Court to weigh bans on puberty blockers and hormones for transgender minors
Click to see story on expaTimesThe Crusade Against Trump’s Transgenders and Republicans Reaches the Supreme
Click to see story on laprovincia.esSupreme Court weighs transgender youth treatments in landmark case – Democratic Accent
Click to see story on democraticaccent.comLandmark Supreme Court case weighs gender-affirming care for trans kids
Click to see story on wsjm.comSupreme Court hears challenge to law banning gender-affirming care for trans kids – TPR: The Public’s Radio
Click to see story on thepublicsradio.orgSupreme Court to weigh state ban on transgender ‘medical treatments’ for minors
Click to see story on 1010 WCSIThe Crusade Against Trump’s Transgenders and Republicans Reaches the Supreme
Click to see story on elcorreogallego.esThe Crusade Against Trump’s Transgenders and Republicans Reaches the Supreme
Click to see story on lacronicabadajoz.comU.S. Supreme Court Examines Access to Treatment for Transgender Minors
Click to see story on CódigoQroTransgender Rights Case Lands At Supreme Court Amid Debate Over Ban On Medical Treatments For Minors – 710am KURV
Click to see story on kurv.comLandmark Supreme Court case weighs gender-affirming care for trans kids
Click to see story on Delta Daily NewsThe rights of transgender people are at the center of discussion in the U.S. Supreme Court
Click to see story on noticiasya.comSupreme Court to Hear Transgender Care Case
Click to see story on OutSmart MagazineFAQ: What to know before the SCOTUS arguments over bans on trans care for minors
Click to see story on lawdork.comThe U.S. Supreme Court to Hear First-Ever Case on Trans Youth Medical Care Bans
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