Supreme Court Sets Up Major Battle Over Transgender Health Care
- Oops!Something went wrong.Please try again later.
- Oops!Something went wrong.Please try again later.
The Supreme Court has picked up another LGBTQ rights case–and despite the court’s recent hard-rightward swing, it could go either way.
The case, United States v. Skrmetti, will argue whether a law out of Tennessee barring gender-affirming medical procedures for minors violates the equal protection clause of the Fourteenth Amendment. The challengers to the draconian law are three teenagers, aged between 13 and 16 years old, who have received puberty blockers and hormone therapy.
The teens—and several major U.S. medical groups—argue that gender-affirming care is lifesaving care, drastically reducing the rates of depression, anxiety, and reported suicide attempts among transgender and nonbinary kids.
“The future of countless transgender youth in this and future generations rests on this Court adhering to the facts, the Constitution, and its own modern precedent,” said Chase Strangio, deputy director for transgender justice at the ACLU’s LGBTQ & HIV Project, in a press release, decrying the bill as an “openly political effort to wage war” on individual freedoms.
Although Republicans have latched onto the transgender community as a focus of their cruel attacks in recent years, it is unclear if the conservative majority on the nation’s highest court will rule against access. In 2020, in a major win for the LGBTQ community, Chief Justice John Roberts and Justice Neil Gorsuch joined the then-four liberal justices in determining that the 1964 Civil Rights Act protects gay, lesbian, and transgender people from workplace discrimination based on their sexual or gender orientation.
Writing the majority opinion, Gorsuch commented that “the answer is clear.”
Lawyers for plaintiffs could similarly argue that refusing to provide gender-affirming care is discrimination based on someone’s gender. But if they are unsuccessful, then children nationwide will be left without medical care—and it will likely open the door to ban gender-affirming care for adults next.
The justices will hear arguments in United States v. Skrmetti in the fall, with an opinion expected by late June 2025.
