The US Supreme Court has agreed to review a lawsuit challenging a Tennessee law that bans hormone therapy and puberty blockers for children under the age of 18. This marks the first time the current nine Supreme Court justices will have the opportunity to weigh in on this hot-button political topic that has been sweeping across the US.
According to the Human Rights Campaign, 25 US states have similar laws, some of which have been put on hold by lawsuits. Three Tennessee transgender teenagers, their parents, and a physician who provides transgender care are challenging the 2023 Tennessee ban, alleging that it violates the US constitutional guarantee of equal protection under the law by discriminating on the basis of sex.
The Biden administration, along with major US medical groups, have joined their side in this case, arguing that the law prohibits transgender individuals from accessing necessary drugs and therapies available to other adolescents with medical needs. They also claim that the ban infringes on parental rights to access essential care for their children.
US Solicitor General Elizabeth Prelogar, representing the Biden administration, has argued that laws like the one in Tennessee cause profound harm to transgender adolescents and their families by denying them appropriate and necessary treatment for a serious medical condition. She has urged the Supreme Court to step in and settle the dispute surrounding the legality of transgender care bans.
On the other hand, lawyers for the state of Tennessee argue that the law reflects the will of the state’s elected lawmakers and addresses a pressing public concern. They state that minors should not receive these treatments until they fully understand the lifelong consequences or until the science is developed to the point where the state might take a different view of their efficacy.
The Supreme Court is expected to hear oral arguments in this case, United States v. Skrmetti, in the autumn and issue a decision sometime next year. This case will have significant implications for the rights of transgender individuals and the ability of parents to access necessary care for their children.
