In a groundbreaking development, the Supreme Court has agreed to hear the Biden administration’s challenge to a transgender care ban in Tennessee. This marks the first substantive exploration of the complex and politically charged issue of gender-affirming care by the highest court in the land.
The state law in question, passed last year, prohibits hormone therapy and puberty blockers for minors and imposes penalties on doctors who defy the restrictions. This legislation is part of a growing trend of state laws targeting transgender care, with nearly half of US states implementing similar bans, according to the Human Rights Campaign.
The case is scheduled to be heard this fall and is expected to be a key issue for the Court’s upcoming term. Steve Vladeck, CNN Supreme Court analyst and University of Texas School of Law professor, remarked, “The Supreme Court was always going to have to resolve how state bans on gender-affirming medical care can be reconciled with its approach to sex-based discrimination.”
The legal battle over these bans has been ongoing for more than a year, with the 6th US Circuit Court of Appeals recently overturning a lower court’s ruling that blocked the enforcement of the gender-affirming care ban. Republican supporters of the ban argue that decisions regarding care should be made after an individual reaches adulthood, while opponents claim the laws infringe on the civil rights of transgender youth and parental rights to make medical decisions for their children.
Advocates for transgender youth have called on the Supreme Court to strike down Tennessee’s law, emphasizing the importance of access to necessary medical care for all individuals. Tennessee Attorney General Jonathan Skrmetti, a Republican, expressed eagerness to defend the law, noting that the case will provide clarity on whether the Constitution includes special protections for gender identity.
The Biden administration and families of transgender minors had challenged laws in both Kentucky and Tennessee, but the Supreme Court has only agreed to hear the Biden administration’s case against Tennessee’s ban. Lucas Cameron-Vaughn, an attorney with the American Civil Liberties Union of Tennessee, criticized state lawmakers for using these bans to “fuel divisions for their own political gain,” emphasizing the critical need for transgender youth to access life-saving healthcare without political interference.
