More than 90% of transgender youth are being denied — or at risk of being denied — critical, age appropriate gender-affirming care. In a country where 24 states have banned hormone therapy and 16 more are in the process of placing bans, approximately 280,300 youth have been affected by the limited protection afforded to them. Conservative groups, such as the American Principles Project claim these bans are “efforts to rein in the predatory transgender industry.” However, the bans could have dangerous, potentially deadly, consequences for transgender children.
U.S. v. Skrmetti, a pivotal case for the rights of transgender youth, is set to be heard by the Supreme Court in early December. Though transgender youth, their families, and medical experts have long backed this gender-affirming care in court, it may not be enough to sway the 6 to 3 conservative majority. The decision will likely leave transgender youth with little protections.
This case specifically targets a Tennessee law banning medical treatments, such as puberty blockers, hormone therapy, and sex-transition surgeries, from being administered to transgender people under 18. While many other states have implemented similar laws, Tennessee has approximately twice the amount of anti-LGBTQ+ laws than any other state. In a suit filed by groups such as the American Civil Liberties Union, they argue that Tennessee’s ban violates the Equal Protection Clause of the 14th Amendment. If the Court determines the ban unconstitutional, all 50 states, including Tennessee will be forced to roll back their intolerant laws. If not, more states will be able to continue to pass anti-LGBTQ+ initiatives.
The stakes are especially high, given that suicidality is more prevalent among transgender youth than any other group. Over half of transgender youth have seriously considered suicide. Delaying access to gender-affirming care until adulthood significantly increases the risk of suicide, depression, self-harm, and substance abuse. According to the U.S. Department of Health and Human Services Office of Population Affairs, gender-affirming care for minors is essential for safeguarding their overall health and well-being.
Some argue that children should wait until adulthood for such treatments. However, the American Academy of Pediatrics emphasizes that there is no evidence supporting this viewpoint. Research, including studies cited by CNN, underscores that “it’s healthier to value a child for who they are rather than for what they will become.”
The Court’s decision will not only affect the lives of thousands of transgender youth but will also signal the nation’s commitment—or lack thereof—to protecting its most vulnerable populations.
