The Supreme Court is set to hear arguments in the United States v. Skrmetti case, which involves a Tennessee law that prohibits gender-transition treatments for transgender minors. The case is centered around the right of transgender minors to receive gender transition care, such as puberty blockers and hormone therapy. The petitioners in the case, including the ACLU and a Memphis-based doctor, argue that the law violates the Equal Protection Clause of the 14th Amendment. The state contends that the law does not discriminate based on gender, as it sets age- and use-based restrictions on certain drugs.
The case has garnered significant attention as it marks the first time the Supreme Court will consider restrictions on puberty blockers, hormone therapy, and surgery for minors. Tennessee is one of at least 25 states that have banned gender transition care for transgender adolescents. Oral arguments in the case have been highly anticipated, especially given the changing political landscape in Washington, where Republicans are set to regain control of the White House and both chambers of Congress.
The key question posed in the case is whether the Tennessee law violates the Equal Protection Clause of the Fourteenth Amendment. The petitioners argue that the law discriminates based on the sex an individual is assigned at birth, triggering a higher level of scrutiny under the Equal Protection Clause. The respondents, on the other hand, maintain that the law does not contain any sex classification warranting heightened scrutiny and argue that it is not a form of unconstitutional discrimination.
The Supreme Court will be considering whether banning gender transition care for minors constitutes discrimination under the Equal Protection Clause. The petitioners argue that the law discriminates against individuals based on their sex and transgender status. The respondents contend that the law establishes age- and use-based restrictions on certain drugs and is not an example of unconstitutional discrimination. The case has a wide-ranging impact, with potential implications for transgender youth across the country.
U.S. District Judge Eli Richardson initially granted a preliminary injunction for part of the Tennessee ban, stating that parents have a fundamental right to direct the medical care of their children. However, the U.S. Court of Appeals for the 6th Circuit later overturned this decision and reinstated the full ban using the rational basis test. The petitioners have appealed this decision to the Supreme Court, which agreed to review the case. The Supreme Court is expected to issue a ruling on United States v. Skrmetti by July 2025.
The arguments in the case will focus on whether the Tennessee law violates protections under the Equal Protection Clause, through either gender discrimination or discrimination against transgender status. The petitioners and respondents will present their respective arguments on whether the law constitutes unconstitutional discrimination and the level of scrutiny it should be subject to. The outcome of the case will have far-reaching implications for transgender minors seeking gender transition care, not just in Tennessee but across the country.
