Supreme Court Will Hear Challenge To Trans Healthcare Ban

The Supreme Court will decide whether a Tennessee state ban on gender-affirming care for minors violates the equal protection clause.

From the New York Times:

The move means the court will for the first time hear arguments on the issue of medical care for transgender youth.

The Biden administration had asked the justices to take up the case, United States v. Skrmetti, arguing that the measure outlaws treatment for gender dysphoria in youths and “frames that prohibition in explicitly sex-based terms.”

In the government’s petition to the court, Solicitor General Elizabeth B. Prelogar wrote that the law bans transgender medical care but that it “leaves the same treatments entirely unrestricted if they are prescribed for any other purpose.”

Plaintiffs in the case, including transgender teens and their families, say the law is unconstitutional because it violates the 14th Amendment, which requires that the law apply equally to everyone. In this case, the Tennessee law bars medical treatments for transgender people but allows them to be available to others. They also say the law violates the right of parents to make health care decisions for their children. At least 20 Republican-led state legislatures have passed measure restricting gender-affirming care for trans young people in recent years. In Idaho and Kentucky, the laws made it a crime for healthcare providers to offer hormone treatments such as puberty blockers to trans minors. Every major medical organization, including the American Academy of Pediatrics, the American Medical Association and the American Psychiatric Association, supports the provision of age-appropriate, gender-affirming care for transgender and non-binary people.


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