The US Supreme Court will soon determine how difficult it is for trans people to win constitutional challenges to laws that discriminate against them. A recent case, United States v. Skrmetti, centers on a Tennessee law banning gender-affirming medical care for trans youth.
Tennessee Senate Bill 1 (SB1) prohibits health care providers from offering medical care designed to help minors identify with a gender different from the one they were assigned at birth. The law also restricts puberty blockers and hormones for treatment of sex-related issues, while allowing their use for other purposes like treating congenital defects.
The American Civil Liberties Union (ACLU) sued Tennessee on behalf of trans youth and their parents, arguing that the law discriminates based on sex in violation of the equal protection clause. A district court judge granted the request for a preliminary injunction, but this is not the final decision.
The case revolves around whether SB1 relies on a suspect or quasi-suspect classification, which determines how much deference courts give to lawmakers’ decisions. If the Supreme Court rules that SB1 discriminates based on sex, it would establish a precedent that makes it easier for trans people to challenge similar laws in other states.
The US and ACLU argue that SB1 is sex-based discrimination, while Tennessee rejects this claim. The court will decide whether the law restricts minors’ access to feminizing or masculinizing hormones depending on their assigned birth sex, which they see as a form of sex-based discrimination.
A recent Supreme Court decision in Bostock v. Clayton County (2020) held that Title VII’s anti-discrimination provision covers LGBTQ individuals. The court may draw parallels between Bostock and the Skrmetti case, but the absence of explicit language about sex discrimination under the equal protection clause raises questions about whether similar reasoning applies.
The Supreme Court is expected to issue its decision by June 2025. For now, SB1 remains in effect, with similar laws in half of all states being part of other ongoing legal battles.
Source: https://www.mississippifreepress.org/opinion-u-s-supreme-court-ruling-may-affect-availability-of-gender-affirming-care-for-trans-children