Earlier today the United States Supreme Court piled onto efforts by the Trump administration and more than two dozen states to deny the existence of transgender youth. In its 6 – 3 decision, the Court’s conservative majority upheld Tennessee’s ban on gender-affirming care for minors.
US v Skrmetti involved a lawsuit challenging Tennessee’s ban on gender affirming care like puberty blockers, hormones, or surgery for youth. The case also tested the application of the Equal Protection Clause to the provision of such care. The Equal Protection Clause is part of the Fourteenth Amendment of the U.S. Constitution and specifies that no state will deny any person equal protection under the law.
The majority of the Justices opined that SB1 was not a violation of the Equal Protection Clause. Despite the Tennessee law’s explicit mention of sex in its text, the court failed to apply heightened scrutiny to their examination of the law’s violation of Equal Protection. This sets a dangerous precedent where discriminatory laws that explicitly mention characteristics like sex or gender may be disregarded by the court in future rulings. In the dissenting opinion, Justice Sonia Sotomayor called out the majority opinion for what it is – an outright act of discrimination. And we could not agree more.
The Court’s decision is a major setback for the estimated 300,000 transgender youth in the US, the people who love them and the many health and service providers who are dedicated to ensuring that they thrive. The decision discounts the lived experiences of trans youth and the expertise of the American Academy of Pediatrics and World Professional Association for Transgender Health, and strengthens the resolve of 26 states, and counting, to continue their discrimination against transgender youth and adults through laws and other actions.
Pride Action Tank and AIDS Foundation Chicago stand with trans youth and all transgender people. And we know we are not alone. We are fortunate to live in a state where advocates, elected officials, service providers and the broader community respect the humanity of transgender and gender-expansive folks and recognize the scientifically proven fact that gender-affirming care saves lives.
We are wounded but not defeated. While today’s decision is a temporary setback, our advocacy and support of trans communities including our trans youth remains resolute. Our vision of the future is one in which everyone can access the health care they need, and our transgender communities are free to live and thrive as their authentic selves. We will keep fighting until that vision is realized.
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