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

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.

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.”