U.S. Supreme Court Hears Oral Argument on Tennessee’s Transgender Law

The U.S. Supreme Court heard oral arguments in United States v. Skrmetti involving Tennessee's law that bans certain medical treatments for transgender children, such as puberty blockers, hormones and surgery. The law only applies to transgender minors, and the justices will decide whether it violates the Equal Protection Clause of the Constitution by discriminating based on sex. The Biden administration, along with parents and civil rights groups, argues that the law unfairly targets transgender individuals, as it prevents medical treatments for transgender children while allowing similar treatments for children with other conditions, such as precocious puberty.

Tennessee officials argue that the law does not discriminate by sex but instead regulates medical procedures based on their intended purpose. They assert that the state has the right to regulate medical treatments for minors, particularly when it comes to assessing the risks and benefits of gender-affirming care. The state claims its goal is not to discriminate but to ensure that children are not subjected to irreversible medical procedures prematurely.

The case’s outcome could set a precedent for similar laws in other states and influence federal policies concerning transgender rights for both children and adults. If the Court upholds Tennessee's law, it could give Congress the authority to enact legislation restricting access to gender-affirming care. This could affect not only Tennessee but also other states, depending on how broadly the Court's decision is interpreted.