Supreme Court Gender-Affirming Care Restrictions

Supreme Court Gender-Affirming Care Restrictions

High Court to Hear Arguments in Next Term

The Supreme Court announced on Monday that it will address the contentious issue of gender-affirming care for transgender minors by evaluating challenges to a Tennessee law that seeks to restrict such treatments. The court is expected to hear oral arguments and issue a ruling during its upcoming term, which begins in October and concludes in June 2025.

Supreme Court Gender-Affirming Care Restrictions : Context of the Case

This case, brought forth by the Biden administration, challenges a lower court’s decision to uphold the Tennessee law. It marks the first instance where the Supreme Court, currently holding a 6-3 conservative majority, will rule on transgender rights for teenagers. “I look forward to finishing the fight at the United States Supreme Court,” a proponent of the law stated, emphasizing the need for clarity on constitutional protections regarding gender identity.

In a similar case, the court permitted Idaho to largely enforce a comparable law earlier this year. According to the Movement Advancement Project, over 20 states have enacted similar bans, making the court’s ruling significant for these states as well.

Medical Community’s Perspective

Major medical organizations advocate that gender-affirming treatments are effective in addressing gender dysphoria, which is the distress experienced when an individual’s gender identity does not align with their assigned birth gender.

Constitutional Arguments

Plaintiffs, including transgender teenagers and their families, argue that the Tennessee law violates the 14th Amendment, which mandates equal protection under the law. They contend that the law discriminates by prohibiting medical treatments for transgender individuals that are available to others. Additionally, they claim that the law infringes on parents’ rights to make healthcare decisions for their children, though the Supreme Court will not address this particular issue.

Solicitor General Elizabeth Prelogar has urged the Supreme Court to consider the case, stating that the Tennessee law is part of a broader movement of similar bans that prevent transgender adolescents from accessing necessary medical care as agreed upon by themselves, their parents, and their doctors.

Previous Court Decisions

A federal judge had previously blocked the Tennessee ban on puberty blockers and hormone therapy but allowed a ban on surgery to remain, citing a lack of legal standing from the plaintiffs to challenge it. In a separate case in Kentucky, a federal judge blocked the ban on puberty blockers and hormone therapy, but the plaintiffs did not contest the restrictions on surgery.

In September, the 6th U.S. Circuit Court of Appeals, based in Cincinnati, ruled in favor of the states. Judge Jeffrey Sutton acknowledged the existence and distress of gender dysphoria but suggested that decisions regarding treatments for minors should be left to elected officials. He noted the evolving nature of diagnoses and treatments over recent decades and the uncertainty surrounding the long-term impacts of lifting age restrictions for such treatments.

Supreme Court’s Involvement in Transgender Issues

Until now, the Supreme Court has largely avoided direct involvement in disputes concerning transgender students. In 2021, the court declined to hear a case on whether transgender students can use school bathrooms that align with their gender identities, and similarly declined another case in January. However, last year, the court allowed a transgender girl in West Virginia to participate in girls’ sports.

The court’s most notable intervention in transgender issues came in a 2020 ruling authored by conservative Justice Neil Gorsuch. In a 6-3 decision, the court ruled that federal law prohibiting sex discrimination in employment also protects transgender and gay individuals, a decision that sparked considerable backlash from conservatives.