The Supreme Court has agreed to hear an appeal from the Biden administration seeking to block state bans on gender-affirming care for transgender individuals. This comes as Republican-led states have enacted various restrictions on healthcare, school sports participation, bathroom usage, and other rights for transgender people, while the Biden administration and Democratic-led states have extended protections for the community. The case before the court involves a law in Tennessee that restricts puberty blockers and hormone therapy for transgender minors, which had been blocked by lower courts but allowed to take effect by a federal appeals court in Cincinnati.
Transgender youth and their families are in limbo, according to lawyers for the transgender teens in Tennessee, as they remain uncertain about accessing necessary medical care. Actor Elliot Page, along with 57 other transgender individuals, filed a legal brief in support of the Supreme Court review on this matter. Arguments are set to take place in the fall, and the administration’s appeal aims to ensure that transgender minors can continue to receive gender-affirming care. Despite such treatments being available in the United States for over a decade and endorsed by major medical associations, more states are enacting laws to restrict or ban them.
The Supreme Court has rarely addressed transgender issues in the past, with the previous landmark ruling in 2020 protecting gay, lesbian, and transgender individuals from employment discrimination. In 2016, the court was set to take up a case involving a transgender student in Virginia who was denied access to the boys’ bathroom but dropped the case after changes in policy during the Trump administration. The court declined to get involved in the student’s case in 2021 after an appeals court ruling in their favor. States continue to pass laws restricting transgender individuals’ rights, including bans on participating in certain sports competitions and using bathrooms according to their gender identity.
Most of the state restrictions on transgender rights are facing legal challenges, with the Supreme Court now set to hear arguments related to gender-affirming care for minors. South Carolina recently became the 25th state to adopt a law restricting or banning such care, adding to the ongoing debate over transgender rights in the United States. At least 24 states have laws barring transgender individuals from participating in certain sports, and 11 states have adopted laws preventing transgender individuals from using gender-appropriate bathrooms in public schools and government facilities. The legal battles highlight the ongoing controversy surrounding transgender rights and access to healthcare.
The upcoming Supreme Court case will have implications for the rights and healthcare access of transgender individuals, particularly minors seeking gender-affirming care. The involvement of the Biden administration in seeking to block state bans on such care underscores the administration’s commitment to protecting the rights of transgender individuals. With arguments scheduled for the fall, the court will address the legality of laws restricting puberty blockers and hormone therapy for transgender minors and the broader issue of transgender rights in the United States. The outcome of this case could have far-reaching implications for the transgender community and shape the legal landscape for years to come.
