(Photo by Matt Hrkac; from Wikimedia Commons)
The Supreme Court has upheld Tennessee’s ban on gender-affirming care for transgender minors in a 6-3 vote, a setback for trans rights nationwide.
U.S. v. Skrmetti was brought forth by three transgender adolescents, their families and a medical provider from Memphis. The case was the conservative court’s oldest unresolved matter and is expected to shield anti-transgender laws in over 20 states.
Chief Justice John Roberts wrote for SCOTUS’ conservative majority that the state’s law does not violate the equal protection clause of the Constitution. The three liberal justice dissented.
“By retreating from meaningful judicial review exactly where it matters most, the court abandons transgender children and their families to political whims,” Justice Sonia Sotomayor wrote. “In sadness, I dissent.”
“Today’s ruling is a devastating loss for transgender people, our families, and everyone who cares about the Constitution,” Chase Strangio, Co-Director of the ACLU’s LGBTQ & HIV Project, said in a statement. “Though this is a painful setback, it does not mean that transgender people and our allies are left with no options to defend our freedom, our health care, or our lives.
“The Court left undisturbed Supreme Court and lower court precedent that other examples of discrimination against transgender people are unlawful,” Strangio continued. “We are as determined as ever to fight for the dignity and equality of every transgender person and we will continue to do so with defiant strength, a restless resolve, and a lasting commitment to our families, our communities, and the freedom we all deserve.”
Sasha Buchert, Counsel and Director of the Nonbinary and Transgender Rights Project at Lambda Legal, called the ruling “heartbreaking,” noting it will make it “more difficult for transgender youth to escape the danger and trauma of being denied their ability to live and thrive.
“But we will continue to fight fiercely to protect them. Make no mistake, gender-affirming care is often life-saving care, and all major medical associations have determined it to be safe, appropriate and effective,” Buchert continued. “This is a sad day, and the implications will reverberate for years and across the country, but it does not shake our resolve to continue fighting.”
Over 20 states including Florida have enacted what the ACLU calls categorial bans on gender-affirming care. According to the Williams Institute, more than 100,000 trans youth now live in a state banning their access to it.
“This ruling creates a class of people who politicians believe deserve healthcare, and a class of people who do not,” Lucas Cameron-Vaughn, Senior Staff Attorney at the ACLU of Tennessee noted. “We will continue to stand with transgender people in Tennessee and are committed to realizing a world where all people belong, are valued, and can access the necessary healthcare they need.”
Read SCOTUS’ full ruling here.
This is a breaking news story. Additional coverage will follow.
