Trump administration retracts backing for transgender youth in Tennessee Supreme Court case

WASHINGTON — The federal government has withdrawn its support for transgender youth and their families in Tennessee who are contesting a state law prohibiting gender-affirming care, according to a recent communication to the Supreme Court from the Trump administration.

During December’s court proceedings, it became evident that the conservative justices were inclined to uphold the state’s prohibition on puberty blockers and hormone treatments. This official communication marks yet another significant action taken by the new administration in relation to transgender issues. Just two weeks into his presidency, President Trump enacted an executive order that halted federal funding for gender-affirming medical care for individuals under the age of 19.

The Tennessee law, referred to as SB1, mirrors similar legislation enacted in about half of the states, which restricts access to gender-affirming treatment for minors. While the Biden administration previously engaged in the Tennessee case, arguing that such restrictions constitute unconstitutional discrimination based on sex and could inspire similar limitations on transgender adults, the current administration’s stance has shifted.

In a letter to the Supreme Court, Deputy Solicitor General Curtis Gannon stated, “The Department has now determined that SB1 does not deny equal protection based on sex or any other characteristic.” He further asserted that the new administration would have refrained from challenging SB1 if it had been in office at the time and expressed the belief that the justices should still proceed with deliberating the case. This is attributed to the involvement of transgender youth and their parents, which would make it inefficient to require additional legal submissions.

In response, attorneys representing the families expressed their disappointment, stating, “This latest move from the Trump administration is another indication that they are using the power of the federal government to target marginalized groups for further discrimination,” as per a statement from Lambda Legal and the American Civil Liberties Union.

A ruling from the Supreme Court is anticipated no later than early summer. Since assuming office again last month, Trump has enacted policies that define gender as immutable, potentially pave the way for restricting transgender individuals from military service, call for revised educational guidelines regarding gender, and lay the groundwork for preventing transgender women and girls from participating in female sports. Several of these initiatives are already facing legal challenges.