US Supreme Court to Review Lawsuit Challenging Tennessee's Transgender Treatment Ban
ICARO Media Group
The US Supreme Court has agreed to review a lawsuit that challenges a Tennessee law that prohibits hormone therapy and puberty blockers for children under the age of 18. This marks the first opportunity for the current nine Supreme Court justices to weigh in on a contentious issue that is sparking debates across the country.
According to the Human Rights Campaign, 25 states in the US have similar laws, some of which have been temporarily blocked due to ongoing lawsuits. In this case, three transgender teenagers, along with their parents and a transgender care provider, argue that the 2023 Tennessee ban violates the constitutional guarantee of equal protection under the law by discriminating on the basis of sex.
The Biden administration, alongside several major US medical groups, has joined forces with the plaintiffs in this case. They contend that the law hinders transgender individuals from accessing vital drugs and therapies that are available to other adolescents with medical needs. Furthermore, they argue that the ban infringes upon the parental right to access necessary care for their children.
US Solicitor General Elizabeth Prelogar, the top Supreme Court advocate for the Biden administration, stated in a brief filed last year that the Tennessee law and similar ones "inflict profound harm on transgender adolescents and their families" by denying necessary treatment for a serious medical condition. She called for the Supreme Court's intervention, emphasizing the need to settle the dispute surrounding the legality of transgender care bans.
Lawyers representing the state of Tennessee have countered these arguments, asserting that the transgender law reflects the will of the state's elected lawmakers and addresses a pressing public concern. In a brief filed with the Supreme Court, the state argued, "Tennessee, like many other states, acted to ensure that minors do not receive these treatments until they can fully understand the lifelong consequences or until the science is developed to the point that Tennessee might take a different view of their efficacy."
Earlier this year, the Supreme Court allowed an Idaho ban on transgender care to go into effect without expressing an opinion on the constitutionality of the statute. In 2020, a six-justice majority ruled that federal law prohibits discrimination against transgender employees. However, since then, Justice Ruth Bader Ginsburg has been replaced by Justice Amy Coney Barrett, a more conservative appointee by former President Donald Trump.
The Supreme Court is scheduled to hear oral arguments in this case, officially known as United States v. Skrmetti, in the autumn. A decision is expected to be issued sometime next year. The outcome of this lawsuit will have significant implications for transgender individuals seeking medical care and will shape the landscape of transgender rights in the United States.