The US Supreme Court has ruled that states may ban gender-affirming care for minors. The decision, delivered on Wednesday, June 18, saw justices uphold a Tennessee law that prohibits hormone treatments and puberty blockers for trans youth, saying that it is not unconstitutional.

The case, U.S. v. Skrmetti, saw American Civil Liberties Union attorney Chase Strangio become the first out transgender lawyer to present before the high court. He was representing three families and a Memphis-based physician, Dr. Susan Lacy, who argued that such bans violate the Equal Protection Clause of the 14th Amendment by discriminating against people based on their gender identity.

However, the six conservative Supreme Court justices ruled in favour of Tennessee’s restrictions, saying the legislation targets medical procedures, not identities. Three justices ruled against, namely Justice Sonia Sotomayor, Justice Ketanji Brown Jackson and Justice Elena Kagan.

Disagreeing with the outcome, Justice Sotomayor said the Court was “retreating from meaningful judicial review exactly where it matters most,” adding that it was abandoning “transgender children and their families to political whims.”

Arguing that the Tennessee law is discriminatory, Sotomayor wrote that it “expressly classifies on the basis of sex and transgender status,” since “male (but not female) adolescents can receive medicines that help them look like boys, and female (but not male) adolescents can receive medicines that help them look like girls.”

She further criticised the ruling, saying, “By refusing to apply heightened scrutiny, the majority renders transgender Americans doubly vulnerable to state-sanctioned discrimination.” She warned that the court had done “irrevocable damage to the Equal Protection Clause” and invited “legislatures to engage in discrimination by hiding blatant sex classification in plain sight”.

“Access to care can be a question of life or death,” Sotomayor noted, sharing that treatment such as puberty blockers and hormones can “meaningfully improve the health and wellbeing of transgender adolescents”.

LGBTQ+ legal advocates have also denounced the ruling. Senior Director of Transgender and Queer Rights at GLAD Law, Jennifer Levi, said, “The Court today failed to do its job… When the political system breaks down and legislatures bow to popular hostility, the judiciary must be the Constitution’s backbone.

“Instead, it chose to look away, abandoning both vulnerable children and the parents who love them. No parent should be forced to watch their child suffer while proven medical care sits beyond their reach because of politics.”

 

View this post on Instagram

 

A post shared by GLAD Law (@gladlaw)

Similarly, Legal Director of the National Center for LGBTQ Rights, Shannon Minter, stated, “The Court’s ruling abandons transgender youth and their families to political attacks. It ignored clear discrimination and disregarded its own legal precedent by letting lawmakers target young people for being transgender.”

Minter concluded, “Healthcare decisions belong with families, not politicians. This decision will cause real harm.”

The Supreme Court’s ruling on gender-affirming care bans paves the way for more than 20 similar laws across the US to remain in effect, despite opposition from major medical associations.

 

View this post on Instagram

 

A post shared by GLAD Law (@gladlaw)

Did you know that this Pride month you can support GCN by donating €1 when you shop online with PayPal? Simply select GCN at checkout or add us as your favourite charity* at this link to support Ireland’s free LGBTQ+ media.
*GCN is a trading name of National LGBT Federation CLG, a registered charity – Charity Number: 20034580.