Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care for Minors
Three years after overturning Roe v. Wade, the Supreme Court has again allowed states to restrict a controversial form of healthcare. In a 6-3 decision in United States v. Skrmetti on Wednesday, the Court upheld Tennessee’s ban on gender-affirming medical treatments like puberty blockers and hormone therapy for transgender minors, regardless of parental consent. This ruling is expected to impact similar bans in 25 other states.
The Court determined that Tennessee’s law does not discriminate based on sex, but rather on age and the medical reason for treatment. This means the law only needed to meet a low legal standard to be considered constitutional. Chief Justice John Roberts stated that the Court was leaving the issue of pediatric gender-affirming care to the states, echoing the Court’s stance on abortion in Roe v. Wade.
This decision is a significant setback for the transgender community. It’s the first Supreme Court ruling on the many anti-trans state laws passed in recent years, which have been part of a coordinated campaign by conservative groups targeting trans rights in various areas.
While major U.S. medical associations, including the American Academy of Pediatrics, support gender-affirming care for trans youth, a recent study found that less than 0.05% of privately insured youth aged 8-17 received puberty blockers or hormones.
The lawsuit challenging Tennessee’s ban was brought by the Department of Justice, an OBGYN, and three transgender teenagers and their families. They argued the ban was a form of sex-based discrimination under the Equal Protection Clause of the 14th Amendment. However, the Supreme Court sided with Tennessee, effectively “rubber-stamping” the ban.
Despite this ruling, LGBTQ+ rights litigators are not giving up. They plan to pursue other legal arguments, such as parental rights to direct their children’s medical care, which today’s decision did not address. They also vow to continue fighting through state courts, lobbying Congress and state legislatures, and organizing protests.
