Supreme Court hears arguments on transgender healthcare for minors
The Supreme Court will consider whether state laws restricting or banning transgender medical care for minors are unconstitutional. A ruling may impact laws in about half of states.
The Supreme Court will consider whether state laws restricting or banning transgender medical care for minors are unconstitutional. A ruling may impact laws in about half of states.
The Supreme Court will consider whether state laws restricting or banning transgender medical care for minors are unconstitutional. A ruling may impact laws in about half of states.
In United States v. Skrmetti, the Supreme Court will hear arguments Wednesday on whether state laws violate the rights of young people under the age of 18 receiving gender-affirming healthcare to transition genders.
Out of nearly two dozen states with laws that restrict or ban access to care, the Supreme Court will focus specifically on laws from Kentucky and Tennessee. The justices will weigh whether the laws violate the Equal Protection Clause of the 14th Amendment.
Attorneys defending the state laws argue that treatments, like puberty blockers and hormones, carry risks for young people looking to transition. The laws, they say, protect minors from making premature decisions.
But advocates argue that the right to accessible healthcare should be available regardless of age or sex assigned at birth.
"The court has to treat it like all other forms of sex discrimination," American Civil Liberties Union Attorney Chase Strangio said. "It's unconstitutional."
Strangio, who is leading arguments on behalf of transgender youth, is the first openly transgender person to argue before the court. He will face Tennessee state Solicitor General Matt Rice, who served under Justice Clarence Thomas when he dissented in a transgender work discrimination case. A more moderate court back then had ruled that federal law protects transgender, gay, and lesbian people from sex discrimination from employers.
But a ruling in Wednesday's case could impact not only healthcare but also other cases regulating the lives of transgender people.
"There's a case involving changing the names and genders on birth certificates," George Washington Law Professor Alan Morrison said. "There are also cases involving federal rules under Title IX and under Title VI."
The issue became a controversial culture war topic in the past year. In his bid for the White House, President-elect Donald Trump made transgender policy a key issue of his campaign with a focus on transgender women playing in women's sports.
The issue sparked political debate among some Democrats. Rep. Seth Moulton of Massachusetts said he opposed such policies and called for discussion within the Democratic Party.
Still, Democrats generally support expanding transgender rights and gender-affirming healthcare, but there is disagreement about what restrictions, if any, should be in place. The Republican platform calls for stripping civil rights protections for transgender people and cutting funding to schools that support gender-affirming care.
A decision on the case is expected in late spring or early summer.