Tennessee’s law banning all gender-affirming care for minors was recently upheld by the United States Supreme Court. This ruling has a huge impact on the lives of transgender youth across the state. New injunction ruling leaves the law, and its harmful penalties, in place. This discriminatory law would prevent people assigned female at birth from taking testosterone but would still grant access to people assigned male. This critical law has fueled intense advocacy efforts throughout the country, especially focusing on the rights and protections provided to transgender minors.
Tennessee’s government had previously defended its ban on the grounds that protecting children from “experimental” medical care was a state interest of “paramount importance.” The law was drafted in response to increasing fears around the safety and effectiveness of gender-affirming care. This issue has been under extreme, focused fire in recent years. The implications of this ruling extend beyond Tennessee as it sets a potentially influential precedent for similar laws in other states.
Three families of transgender minors and a provider of gender affirming care brought the lawsuit that challenged this law. This case, United States v. Skrmetti, is of particular moment. They argued that the law intentionally discriminates on the basis of sex, therefore violating their rights to equal protection. Chief Justice John Roberts noted that the court’s majority opinion found no violation of the equal protection clause in this case.
“This case carries with it the weight of fierce scientific and policy debates about the safety, efficacy and propriety of medical treatments in an evolving field. The voices in these debates raise sincere concerns; the implications for all are profound,” – John Roberts
The ruling also revealed fault lines within the court. This was a point of Justice Sonia Sotomayor, joined by Justices Ketanji Brown Jackson and Elena Kagan, dissenting from the majority opinion. Sotomayor lamented that the decision did not offer adequate judicial scrutiny at a pivotal moment for transgender adolescents.
“Male (but not female) adolescents can receive medicines that help them look like boys, and female (but not male) adolescents can receive medicines that help them look like girls. By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims. In sadness, I dissent.” – Sonia Sotomayor
The Supreme Court’s decision deepens a dangerous practice taking root across the United States. As of now, 26 states have passed laws banning gender-affirming care for minors. Combined, these bans now impact almost 40% of all transgender youth across the country. New data from the Trevor Project underscores a troubling correlation between the new wave of anti-trans laws and serious mental health crises. It uncovers a jaw-dropping 72% rise in suicide attempts among transgender and nonbinary young people.