In Image: People attending the rally as part of Transgender Day of Visibility, Friday, March 31, 2023, by the Capitol in Washington. (AP Photo/Jaquelyn Martin)
The U.S. Supreme Court is considering a significant case on transgender rights, hearing arguments this Wednesday regarding a Tennessee law that prohibits gender-affirming care for minors. This marks the court's second major transgender rights case, with a decision expected in several months. The outcome could impact similar laws in 25 other states and influence a range of policies concerning the lives of transgender people, including regulations about participation in sports and access to public restrooms.
This case arrives at a time when the Supreme Court is conservative-leaning, following an election where former President Donald Trump and his supporters campaigned on limiting protections for transgender individuals. Four years ago, the court ruled in favor of Aimee Stephens, a transgender woman fired from her job at a Michigan funeral home, affirming that transgender, as well as gay and lesbian, individuals are protected by federal laws prohibiting sex discrimination in the workplace.
The Biden administration, alongside families and healthcare providers challenging the Tennessee law, argues that the court should apply a similar analysis as in the 2020 Bostock v. Clayton County case. This ruling found that sex plays a significant role in decisions to discriminate against transgender individuals, and the administration contends that the Tennessee law unlawfully discriminates based on sex.
The legal issue in this case is whether the Tennessee law violates the equal protection clause of the 14th Amendment, which mandates that the government treat individuals in similar situations equally. The law bans puberty blockers and hormone treatments for transgender minors, though it allows these treatments for other medical purposes. The law’s challengers argue that this distinction amounts to sex discrimination, while Tennessee’s Attorney General Jonathan Skrmetti defends the law, claiming it is aimed at protecting minors from what the state calls the risks of irreversible gender-transition procedures.
While Tennessee defends the law, citing a 2022 Supreme Court decision that returned abortion rights to the states, the challengers point to the 2020 Bostock ruling for support. The two sides disagree on the level of scrutiny the court should apply to the law. The lower courts have debated whether the law should be subject to a higher level of scrutiny, typically applied in cases involving sex discrimination. If the justices choose to apply this heightened scrutiny, they could send the case back to the lower courts for further review.
Major medical organizations, including the American Medical Association and the American Academy of Pediatrics, support gender-affirming care for minors. However, Tennessee points to studies from countries like Sweden, Finland, Norway, and the UK, which caution against such treatments due to potential risks and unclear benefits. Nevertheless, none of these countries has enacted a ban as sweeping as Tennessee's, and treatments are still accessible in those nations.
Among the plaintiffs is the Williams family from Nashville, Tennessee. Brian Williams shared that their transgender daughter, L.W., has benefitted from puberty blockers and hormone treatments, allowing her to plan for her future. However, due to Tennessee’s ban, L.W. must travel out of state to receive the care she needs.
