Advocates for transgender rights are bringing their case to the conservative-leaning Supreme Court following a presidential election in which Donald Trump and his allies vowed to diminish protections for transgender individuals.
On Wednesday, the justices are set to hear arguments regarding gender-affirming treatment for transgender minors, a practice that has been outlawed in Tennessee and 25 other states governed by Republican leadership.
The controversy surrounding access to puberty blockers and hormone therapies for transgender teens is part of a larger campaign aiming to regulate various aspects of transgender life, including their participation in sports and access to restrooms.
Trump’s 2024 campaign includes a push for a national ban on such medical treatments, often using disparaging language towards transgender individuals.
In the closing days of the Biden administration, along with families of transgender minors, arguments will be presented to the court challenging Tennessee’s ban as unlawful sex discrimination, seeking to safeguard the constitutional rights of those impacted.
Chase Strangio, an attorney with the American Civil Liberties Union representing these families, emphasized the high stakes involved. He stated that it is not only significant for transgender adolescents but also for the parents who feel helpless watching their children suffer as they strive to support them. Strangio will make history as the first openly transgender attorney to present before the Supreme Court.
A representative for Tennessee is expected to argue that these “life-altering gender-transition procedures” are unproven and pose considerable risks, reinforcing the notion that the state has a duty to shield children from such risks.
During Trump’s presidency, he appointed three justices who contributed to a shift towards a more conservative court, which included the landmark decision in 2022 that overturned Roe v. Wade, eliminating nearly 50 years of established abortion rights.
Notably, one of Trump’s appointees, Justice Neil Gorsuch, penned a significant 2020 ruling that extended protections against workplace discrimination for LGBTQ individuals under federal civil rights statutes.
Both the current administration and the families of transgender youths are leaning on Gorsuch’s ruling to support their stance.
With Trump set to take office again on January 20, 2025, it is conceivable that the incoming administration could have an impact on the proceedings, although a ruling is not expected until spring.
Statistics from the Williams Institute at UCLA indicate that approximately 300,000 adolescents aged 13 to 17, along with about 1.3 million adults identify as transgender in the United States. The think tank focuses on researching demographic information around sexual orientation and gender identity to guide policy and legislation.
Many Republican-led states have enacted similar prohibitive laws as in Tennessee, and while these laws are subject to ongoing legal contests, they are largely implemented. The case from Tennessee marks the first instance where the Supreme Court will evaluate the legality of such bans.
Sivan Kotler-Berkowitz, a 20-year-old college student in Massachusetts who identifies as transgender, reflected on the significant implications of the bans, suggesting that his life would have been drastically different had he been younger and living in one of these states.
Kotler-Berkowitz remarked that these restrictions prevent individuals from thriving and achieving their potential, highlighting that countless transgender youths across the nation are flourishing due to the support of their families and access to appropriate healthcare.
In light of the bans in Tennessee and similar locales, families find themselves contemplating whether to seek treatment out-of-state, forego care, or wait until their children turn 18.
Erin Friday, a leader of an international group advocating for restrictions on gender-affirming care for minors, likened the significance of this case to that of Roe v. Wade, asserting that maintaining the Tennessee law could strengthen arguments for further limitations on sports participation and bathroom access.
Critics of the laws argue that many youths expressing a transgender identity change their minds over time. Friday recounted how her daughter identified as transgender at age 11, a view she attributes to perceived indoctrination at school; after receiving psychological treatment, the child reversed her stance. She cautioned that dismantling laws like Tennessee’s could lead to lasting emotional harm for children down the line.
Guidelines revised in 2022 by the World Professional Association for Transgender Health state that regrets related to transitioning are uncommon, yet it emphasizes the importance of patients being informed of this possibility during mental health counseling.
Medical professionals working with transgender minors believe that the state should not intervene between healthcare providers, patients, and their guardians. Dr. Susan Lacy from Memphis articulated concern over legislators imposing restrictions that could effectively control healthcare treatments based solely on diagnoses.
The CEO of the American Psychological Foundation, Michelle Quist Ryder, warned that such laws are detrimental to the physical and mental wellness of transgender individuals and their communities, pointing out that gender dysphoria is often associated with depression and suicidal ideation.
She noted that diminishing the sense of safety among transgender youth encourages questions like, “Who else might come after me?”
The number of briefs filed on both sides of this case is significant, with a total of 83 filed, indicating the high level of public interest. Among the notable figures supporting the appeal against the Tennessee law are actors Elliot Page and Nicole Maines, along with Sarah McBride from Delaware, who recently made history as the first openly transgender Congress member.
Conversely, tennis great Martina Navratilova, and Olympic champions like Donna de Varona and Summer Sanders are part of a group of 135 athletes, coaches, officials, and parents who advocate for upholding the ban on gender-affirming treatment for transgender minors.