Supreme Court to consider puberty blocker ban affecting transgender youth
The Supreme Court will hear oral arguments on Wednesday as advocates for transgender youth try to overturn a Tennessee law banning puberty blockers and hormones in some instances.
In 2023, a federal appeals court allowed Tennessee to enforce the law that bans certain types of medical care for transgender minors with diagnosed gender dysphoria. The state of Tennessee says the law, which passed by a 77-16 margin in the House and 26-6 in the Senate, bans hormone treatment for gender dysphoric or gender incongruent prepubertal minors.
The implications of this case reach far beyond Tennessee. According to the Human Rights Campaign, 26 states have laws stopping doctors from providing some types of gender-affirming care. If the Tennessee law is overturned, similar laws in other states would likely be impacted.
The people of Tennessee, through their elected representatives, took measured action with Senate Bill 1 to protect kids from irreversible, unproven medical procedures, said Tennessee Attorney General Jonathan Skrmetti. Lawmakers recognized that there is little to no credible evidence to justify the serious risks these procedures present to youth and joined a growing number of European countries in restricting their use on minors with gender-identity issues.
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But the ACLU and Biden's Department of Justice disagreed. The Department of Justice said that "by denying only transgender youth access to these forms of medically necessary care while allowing non-transgender minors access to the same or similar procedures, SB 1 discriminates against transgender youth."
The Tennessee law allows doctors to provide such treatment in cases of congenital defects, a minor's disease or physical injury. The Biden Justice Department says this exception means that transgender youth are being unlawfully discriminated against based on their sex and transgender status. The Justice Department and ACLU say Senate Bill 1 violates the 14th Amendments Equal Protection Clause.
No person should be denied access to necessary medical care just because of their transgender status, said Assistant Attorney General Kristen Clarke of the Justice Departments Civil Rights Division. The right to consider your health and medically-approved treatment options with your family and doctors is a right that everyone should have, including transgender children, who are especially vulnerable to serious risks of depression, anxiety and suicide."
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Although the court has a clear conservative lean, in 2020, Chief Justice John Roberts and Justice Neil Gorsuch ruled with the court's then-four liberal justices on an employment discrimination case. In that case, the Supreme Court ruled that a business that dismisses a worker based on gender identity or sexual orientation violates the equal employment opportunity provision in the Civil Rights Act of 1964.
Their ruling essentially expanded the group of classes the law protects to include people who are gay or transgender.
A ruling in the case being heard on Wednesday is not expected for several months.