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Supreme Court to hear challenge to ban on gender-affirming care for minors

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On Monday, June 24, the U.S. Supreme Court announced it will review the constitutionality of Tennessee’s prohibition on gender-affirming care for minors. This case marks the first opportunity for the high court to decide on such restrictions, which have been enacted in 23 states since 2021.

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Additionally, some states limit care for transgender adults, and several conservative states have pending legislation to completely ban gender-affirming care. The central question is whether these bans constitute sexual discrimination.

Tennessee’s ban on puberty blockers, hormone therapy, and transgender surgeries for adolescents and teens has led to numerous legal challenges, prompting the Biden administration to encourage the Supreme Court to address the issue.

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The White House highlighted that inconsistent rulings in lower courts have created significant uncertainty for approximately 100,000 transgender minors.

A federal appeals court allowed the bans in Tennessee and Kentucky to proceed, while Florida is contesting a federal judge’s decision that prevents the enforcement of state restrictions on gender-affirming care.

“The absence of the Court’s intervention means that families in Tennessee and other states where laws like SB1 are in effect will be deprived of critical medical care,” the Justice Department said in its appeal to the Supreme Court.

The court has scheduled oral arguments for October.

Advocacy groups supporting transgender youth have urged the Supreme Court to invalidate Tennessee’s ban on gender-affirming care.

“The matter is clear: All individuals are entitled to the medical care they require, and this includes transgender and non-binary youth,” Kelley Robinson, the president of the Human Rights Campaign, told CNN. “Politicians should not interfere with decisions that should be made by families and doctors, especially when such care is necessary and considered best practice.”

Tennessee Attorney General Jonathan Skrmetti said that he looks forward to defending the law at the Supreme Court, adding that the decision will provide “much-needed clarity” on whether the Constitution provides “special protections for gender identity.”

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[KARAH RUCKER]

THE SUPREME COURT ANNOUNCED MONDAY IT WILL CONSIDER THE CONSTITUTIONALITY OF TENNESSEE’S BAN ON SO-CALLED “GENDER AFFIRMING CARE” FOR MINORS.

STATE-WIDE PROHIBITIONS ON PUBERTY BLOCKERS, HORMONE BLOCKERS AND TRANSGENDER SURGERIES FOR ADOLESCENTS AND TEENS HAVE BEEN SUBJECT TO MULTIPLE COURT CASES, AND THE BIDEN ADMINISTRATION HAS BEEN URGING THE HIGH COURT TO TAKE UP THE CASE..

THE RULING COULD HAVE WIDE-RANGING IMPACTS–

TENNESSEE IS ONE OF 22 STATES OUTLAWING THESE TREATMENTS FOR MINORS.

SOME STATES ALSO RESTRICT SOME CARE FOR TRANSGENDER ADULTS, AND A FEW MORE CONSERVATIVE STATES HAVE BILLS PENDING TO BAN GENDER-AFFIRMING CARE COMPLETELY.

THE WHITE HOUSE HAS PUSHED FOR A SUPREME COURT RULING, SAYING CONFLICTING COURT RULINGS IN LOWER COURTS CAUSE “PROFOUND UNCERTAINTY” FOR AROUND 100-THOUSAND TRANSGENDER MINORS. 

A FEDERAL APPEALS COURT PREVIOUSLY RULED BANS IN TENNESSEE AND KENTUCKY COULD GO INTO EFFECT. WHILE FLORIDA IS APPEALING A FEDERAL JUDGE’S RULING BLOCKING STATE RESTRICTIONS ON GENDER-AFFIRMING CARE.

THE HISTORIC ARGUMENTS WILL BEGIN IN OCTOBER.

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