WASHINGTON — On Monday, the U.S. Supreme Court set aside previous appellate rulings that had favored transgender individuals across four states. This move follows the Court’s recent decision supporting Tennessee’s law banning certain medical interventions for transgender minors.
No immediate action was taken by the justices concerning cases from Arizona, Idaho, and West Virginia regarding transgender students’ participation in school sports. The Court may decide as early as Thursday whether it will consider this issue in its upcoming term.
The Supreme Court has now directed lower appellate courts to revisit cases from Idaho, North Carolina, Oklahoma, and West Virginia. These cases are tied to medical access and birth certificate regulations for transgender people.
This development was expected, as the Court had already put these cases on hold pending the outcome of the Tennessee case, a common practice when similar legal questions are in progress.
The trial rulings previously determined that the state restrictions against transgender individuals contravene the Constitution’s equal protection clause. However, in the Tennessee case, the Supreme Court concluded that the state’s prohibition on providing puberty blockers and hormone treatment to individuals under 18 did not constitute a constitutional violation.
In response to this latest decision, the justices have instructed the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, to re-evaluate its decision. This concerns West Virginia and North Carolina’s previous refusal to provide certain healthcare services to transgender individuals under government-sponsored insurance programs.
The case from Idaho, dealing with a ban on specific surgical procedures for Medicaid patients, will be returned to the San Francisco-based 9th U.S. Circuit Court of Appeals for reconsideration.
Furthermore, the 10th U.S. Circuit Court of Appeals in Denver is to review its ruling which had previously blocked an Oklahoma law prohibiting changes to gender markers on birth certificates.
In another related case, originating from Kentucky, the Supreme Court chose not to hear the appeal brought by transgender minors and their families against the state’s ban on gender-affirming care.