How one US Supreme Court case could change the lives of transgender Americans
The highest court in the United States will decide whether the ban on sex-affirming treatment for children is unconstitutional. The landmark case could have far-reaching consequences for transgender people across the country — and not just when it comes to their health care.
Here’s what you need to know.
What is the case about?
The case, United States v. Skrmetti, centers on a Tennessee law that prohibits gender-affirming medical care for children under the age of 18 — treatments such as puberty-delaying drugs, hormone therapy and surgery to treat gender dysphoria, which is a distressing experience. . when their gender does not match the gender they were assigned at birth.
Under the Tennessee law, which was passed last year, medical providers who provide such treatment can be sued, fined or disciplined.
What does the court decide?
The justices were asked to rule on whether the Tennessee law violates the US Constitution – specifically the equal protection clause of the 14th Amendment – by making distinctions based on sex. They do not rule on the issue of treatment for transgender children themselves.
Is Tennessee the only state with such a ban?
No. A wave of conservative state lawmakers have passed similar policies across the country in the past few years, but the one from Tennessee is the only one being examined by the US Supreme Court.
Why is this such a big deal?
It is the first time that the country’s highest court has issued a ruling on the state’s ban on the care of young people with sex-affirming sex. It is the second time in four years that the court must decide how well federal law protects transgender people from discrimination.
A Supreme Court lawyer for the Biden administration has warned that the Tennessee ruling could be used to justify statewide restrictions on health care for transgender children. On the other hand, a ruling against Tennessee could open the door to challenges against similar policies in other states.
It may also extend beyond health care. The ruling could affect efforts to regulate other aspects of transgender Americans’ lives — such as which sports they can join and which bathrooms they can use.
How is the court formed?
Six of the nine justices are unchanged, and three were appointed by president-elect Donald Trump during his tenure in the White House from 2017-2021. During the presidential campaign, Trump and his allies promised to roll back protections for transgender people.
After hearing arguments for two hours Wednesday, the court appears likely to uphold Tennessee’s ban. The three liberal justices appeared inclined to agree with the opposition, but did not have enough seats to make a decision.
When will the judges decide?
A decision is expected by the end of June 2025.
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