Today, the Supreme Court of the United States (SCOTUS) heard arguments in the case regarding gender-affirming care for Tennessee youth.
The case of United States v. Skrmetti challenges Tennessee’s ban on trans healthcare for minors in the state. This hearing marked the first time SCOTUS has heard a case regarding healthcare for the trans community.
In September of 2023, the Sixth Circuit Court of Appeals allowed for the law restricting transgender youth from accessing gender-affirming medical care to remain in effect.
The ruling came months after the court initially blocked the law from taking effect in July of the same year.
The state law was signed by Governor Bill Lee in March of 2023 and prohibits healthcare professionals from administering gender-affirming care to minors. This legislation makes gender-affirming hormone therapy and puberty blockers inaccessible and trans people in Tennessee will not have access to this care until they reach the age of 18.
GLAAD (formerly the Gay & Lesbian Alliance Against Defamation) said this is one of approximately 25 bans passed by Republican-led legislatures. They, along with other national and local leaders, said the court’s ruling could affect gender-affirming care for youth nationwide.
Prior to today’s hearing, Senator Heidi Campbell (D-Nashville) called the ban unconstitutional and condemned Tennessee leaders for “waging a costly legal battle” as opposed to addressing issues such as traffic and “unaffordable healthcare.”
“This political gamesmanship, funded by our hard-earned tax dollars, is not only cruel but also a violation of fundamental rights,” Campbell said in a statement. “Tennessee’s discriminatory ban is unconstitutional, and it does nothing to improve the lives of our citizens. Tennesseans deserve leaders who focus on solving real problems — not manufactured culture wars that harm families and divide our communities.”
In a release issued after arguments were heard, the office of Tennessee Attorney General Jonathan Skrmetti said the case seeks to “protect vulnerable kids from risky and unproven medical practices.” Skrmetti added that his office reviewed medical evidence and cited instances in European countries where healthcare such as puberty blockers are restricted.
“The Office of the Tennessee Attorney General presented a robust legal and evidence-based defense of the State’s legislative response to the recent explosion of childhood gender-transition interventions. The law at issue restricts the provision of irreversible medical interventions to minors with gender dysphoria — a psychiatric condition marked by mental distress from a conflict between a person’s sex and asserted gender identity,” the statement said.
Skrmetti added that their arguments were based on “constitutional clarity and common sense.”
Kelley Robinson, president of the Human Rights Campaign, said today’s arguments highlighted the lack of any legal or medical basis for denying transgender youth the same protections afforded under the U.S. Constitution. Robinson said despite Skrmetti’s team’s efforts to disprove this logic, “Transgender healthcare is best practice, medically necessary, and supported by almost every medical association in the country.”
“It’s healthcare, plain and simple, and no politician should be able to interfere in the healthcare decisions best made by families and doctors,” Robinson said. “Now the Supreme Court has the opportunity to follow the facts, the science, and the law, and affirm our constitutional promise of equal protection for all.”
The Supreme Court is expected to reach a decision in this case by June.
