The Supreme Court has agreed to hear a case involving gender-affirming care for transgender minors, setting the stage for a major decision on transgender rights in its next term. The justices will consider whether Tennessee’s law banning such care violates the Constitution.
At issue is SB1, enacted in March 2023, which prohibits healthcare providers from prescribing or administering puberty blockers or hormones to treat gender dysphoria. Violators of the law can face civil penalties of $25,000 and potential professional discipline.
The case was brought by a transgender girl and two transgender boys who were diagnosed with gender dysphoria, along with a doctor in Tennessee who works with transgender patients. They argue that the law violates their rights under the Equal Protection Clause of the 14th Amendment.
A federal district court initially blocked state officials from enforcing the law, finding it likely was unconstitutional. However, a divided panel of judges on the U.S. Court of Appeals for the 6th Circuit reversed this decision and upheld Tennessee’s ban.
The Biden administration has intervened in support of transgender youth who are seeking gender-affirming care. In a filing with the justices, Solicitor General Elizabeth Prelogar noted that nearly half of all states have prohibited transgender teenagers from receiving medical care “in accordance with evidence-based standards reflecting the overwhelming consensus of the medical community.”
Absent Supreme Court review, families in Tennessee and other states where similar laws are in effect will face significant challenges. Those who cannot access necessary treatment may be forced to abandon their homes, jobs, schools, and communities.
The state of Tennessee argues that hormonal and surgical interventions for minors with gender dysphoria “carry serious and potentially irreversible side effects.” They contend that the law seeks to ensure young Tennesseans do not receive these treatments until they can fully understand the lifelong consequences or until the science is developed to a point where Tennessee might take a different view of their efficacy.
The Supreme Court’s decision in this case will have significant implications for transgender youth across the country. The court must balance competing interests and weigh the rights of individual children against state regulatory authority.
As this important issue makes its way through the highest court in the land, it is essential to remember that every child deserves access to necessary medical care without fear of discrimination or harm.