Supreme Court to Assess Transgender Rights Battle Amidst Political Turmoil
ICARO Media Group
### Transgender Rights Battle Reaches U.S. Supreme Court Amidst Changing Political Landscape
Transgender rights advocates are now turning to the Supreme Court, dominated by conservatives, following a presidential election that saw Donald Trump and his allies vowing to scale back protections for transgender individuals. The Supreme Court justices are scheduled to examine the issue of gender-affirming care for transgender minors, which Tennessee and 25 other Republican-led states have banned.
Central to the debate is whether transgender adolescents should have access to puberty blockers and hormonal treatments. This particular issue forms part of a wider agenda aimed at regulating various aspects of transgender individuals' lives, including participation in sports and bathroom use. During his 2024 campaign, Donald Trump endorsed a national ban on gender-affirming care and openly mocked transgender people.
As the Biden administration approaches its final days, they, along with families of transgender adolescents, are set to argue before the Supreme Court that Tennessee's ban constitutes unlawful sex discrimination. The American Civil Liberties Union's Chase Strangio, who will be the first openly transgender person to present a case to the high court, stressed the high stakes not just for transgender adolescents but also for their parents who are trying to support their children. Strangio aims to persuade the justices to invalidate Tennessee's ban.
On the other side, Tennessee's lawyers will argue that gender-transition procedures are "life-altering," risky, and unproven, emphasizing the state's role in protecting children.
The Supreme Court's current conservative leaning is largely due to Trump's three appointees, who contributed to the 2022 decision overturning Roe v. Wade, thereby removing federal protections for abortion rights. However, Justice Neil Gorsuch, a Trump appointee, had also authored a landmark ruling in 2020 that protected LGBTQ individuals from workplace discrimination under federal civil rights law. Both the Biden administration and families of transgender adolescents are citing that decision to support their arguments.
Approximately 300,000 U.S. residents aged 13 to 17 and 1.3 million adults identify as transgender, according to the Williams Institute at the UCLA School of Law. This think tank conducts research on sexual orientation and gender identity to inform public policy.
Most states led by Republicans have enacted bans similar to Tennessee's, despite ongoing legal challenges. The Tennessee case represents the first occasion for the Supreme Court to evaluate the constitutionality of such bans.
Sivan Kotler-Berkowitz, a 20-year-old transgender college student from Massachusetts, shared that his life would have been very different if he had been younger and living in one of the states with such bans. He emphasized that transgender youth nationwide are thriving due to support from their families and access to appropriate care.
Meanwhile, Erin Friday of Our Duty, an international group in favor of banning gender-affirming care for minors, argues that the case could be as significant as Roe v. Wade. Upholding Tennessee’s law, she believes, would also strengthen laws that restrict transgender individuals' participation in sports and use of bathrooms. According to Friday, many children who initially identify as transgender change their minds later, as happened with her daughter.
Guidelines from the World Professional Association for Transgender Health, revised in 2022, note that while evidence of regret about transitioning is scarce, the possibility should be part of psychological counseling. Families affected by the bans face difficult choices, including traveling for care, forgoing treatment, or waiting until their children reach adulthood.