The Supreme Court Is Set To Weigh In On The Future Of Health Care For Trans Youth

As the Supreme Court takes up a pivotal case, trans youth and their families brace for a life-changing decision.

The U.S. Supreme Court on Wednesday will hear arguments for the most important transgender rights case it has ever reviewed — one that could have significant consequences on the future of lifesaving gender-affirming care for youth in the country.

At the heart of the case, United States v. Skrmetti, is the question of whether a Tennessee ban on such care violates the 14th Amendment’s equal protection clause, which bars discrimination on the basis of sex. The Tennessee law, Senate Bill 1, encourages minors to “appreciate their sex” by prohibiting puberty blockers or hormone replacement therapy for the purposes of allowing young people to live as an “identity inconsistent with the minor’s sex.”

The Department of Justice, Lambda Legal and the American Civil Liberties Union, who petitioned the Supreme Court to hear the case, have argued that Tennessee’s law amounts to sex discrimination because it specifically bars transgender youth from these medications while allowing cisgender youth to undergo the same treatments for other conditions, such as early puberty.

“This case contains some of the worst leaning into sex stereotypes that I’ve ever seen in a statute,” said Sasha Buchert, the director of the nonbinary and transgender rights project at Lambda Legal, the oldest LGBTQ+ law firm in the U.S. “It’s clearly a sex-based consideration because this is the same care that [they’re] just banning for trans people. But even further, there is this gender conformity aspect to the statute, which I think is implicit in all of these bans that we’ve seen. It’s just that Tennessee didn’t want to hide it.”

Tennessee has argued that the law does not specifically target trans people, although the state acknowledges that the ban sets “age- and use-based limits” on puberty blockers, hormones and surgeries for the “purpose of gender transition.” (Gender-affirming surgeries are not an issue in the Supreme Court case, however, as a district court threw out a challenge to those procedures.)