The U.S. Supreme Court is set to hear arguments in a major transgender rights case challenging the legality of a Tennessee ban on gender-affirming medical care for transgender minors. This policy is one of 24 similar measures enacted by conservative lawmakers across the country.
The justices will review an appeal by Democratic President Joe Biden's administration against a lower court decision that upheld Tennessee's prohibition on medical treatments such as puberty blockers and hormones for individuals under 18 experiencing gender dysphoria. Gender dysphoria refers to significant distress due to incongruence between one's gender identity and sex assigned at birth.
"We are not expecting anyone to understand everything about our family or the needs of transgender young people like L.W.," said Brian Williams, a plaintiff who sued the state along with his 16-year-old transgender child, known as L.W. "What we are asking for is for her freedom to be herself without fear."
The Biden administration argues that this law discriminates based on sex and transgender status, violating the U.S. Constitution's 14th Amendment promise of equal protection.
Tennessee's law, passed in 2023, aims to encourage minors to "appreciate their sex" by prohibiting healthcare workers from prescribing puberty blockers and hormones inconsistent with the minor's sex assigned at birth. Violations can result in lawsuits, fines, and professional discipline.
In defense of the law, Tennessee Attorney General Jonathan Skrmetti stated he is "defending Tennessee's right to protect kids" from "life-altering" medical procedures.
Medical associations have countered that gender-affirming care can be life-saving given its association with reduced suicide rates among those experiencing gender dysphoria, citing long-term studies supporting its effectiveness.
Several plaintiffs including L.W., two transgender boys and their parents, along with a doctor providing such care challenged the law’s legality through legal representation by ACLU and Lambda Legal. The U.S. Justice Department also intervened in support of these challenges.
ACLU lawyer Chase Strangio is poised to become the first openly transgender attorney arguing before the Supreme Court during this case session.
A federal judge initially blocked this law citing likely violations of constitutional protections; however, it was later reversed by the Cincinnati-based 6th U.S. Circuit Court of Appeals. The Supreme Court’s ruling is anticipated by June end.