On Wednesday, the Supreme Court will consider a major lawsuit regarding Tennessee’s prohibition of gender-affirming medical care for minors. This case represents a pivotal moment, as it has the potential to influence transgender healthcare across the United States.
This marks the initial occasion for the justices to deliberate on the matter, which may have repercussions for legislation enacted by 24 Republican-led states since 2021. These laws restrict access to treatments like puberty blockers and hormones for transgender youth.
Legal disputes initiated by transgender individuals, their families, and healthcare providers have yielded varied outcomes, with federal appeals courts divided on the constitutional validity of these bans. Tennessee officials were initially prevented from enforcing Senate Bill 1 by a district court judge, but this ruling was later overturned by a panel from the 6th U.S. Circuit Court of Appeals, allowing the ban to be implemented.
Over 80 briefs filed in Supreme Court case on transgender healthcare access
Dr. Susan Lacy, a gynecologist based in Memphis who provides gender-affirming care, shared, “Since Tennessee prohibited my minor patients from accessing these treatments, many have had to travel distances to obtain necessary healthcare.”
Lacy expressed concern for families unable to afford such travel, stating, “I worry about those who cannot make the journey and must watch their children endure suffering, knowing that politicians have denied them access to treatment.” Lacy is also a parent of a transgender child and participated in a legal challenge against Tennessee’s law alongside three transgender minors and their families.
This legislation imposes penalties on providers who violate it, including professional sanctions, private lawsuits, and civil fines of $25,000. The Supreme Court agreed to hear the case following an appeal from the Biden administration, which intervened in the legal challenge. An unusually large number of briefs—over 80—have been submitted on both sides of the issue, highlighting the case’s importance.
In September, 64 transgender adults, including actors Elliot Page and Nicole Maines, along with Rep.-elect Sarah McBride (D-Del.), who is the first openly transgender person elected to Congress, emphasized that access to gender-affirming healthcare is essential for their health, well-being, and even survival. Additionally, Democratic attorneys general from 19 states and Washington, D.C., asserted that Tennessee’s ban deviates from established norms in state medical regulation.
A brief submitted by the American Academy of Pediatrics, the American Medical Association, the World Professional Association for Transgender Health, and several other major medical organizations contended that the 6th Circuit’s ruling supporting Tennessee’s law relies on “factually incorrect claims” and disregards the medical community’s guidance. These organizations regard gender-affirming healthcare for transgender youths and adults as medically necessary and frequently life-saving.
More than 20 states led by Republicans have filed briefs supporting Tennessee’s ban on gender-affirming care for minors, along with 135 athletes, coaches, and parents who argue that overturning the law could weaken efforts to restrict transgender women’s participation in women’s sports and restrooms. On Wednesday, demonstrators for and against the ban on gender-affirming care for minors will rally outside the Supreme Court.
In its argument, Tennessee will assert that minors are unable to provide informed consent for treatments like puberty blockers and hormones, contending that the law safeguards them from hasty medical choices. Tennessee’s Republican attorney general, Jonathan Skrmetti, characterized the law as a protective measure against “irreversible, unproven medical procedures.”
Chase Strangio, an attorney with the American Civil Liberties Union representing Lacy and the families opposing the Tennessee ban, expressed confidence in their position, stating, “Our request is straightforward.”
Strangio noted, “We are simply asking the Supreme Court to acknowledge that when a law differentiates individuals based on their sex, the same equal protection principles should apply, regardless of whether the affected group is transgender.” He will make history as the first openly transgender person to argue before the Supreme Court.
