The Supreme Court upheld a Tennessee law restricting gender affirming care for minors on Wednesday, June 18. This 6-3 ruling delivered a major blow to not only Tennessee transgender youths, but also trans youth across the nation. 24 other states have already enacted similar laws that restrict access to gender transition surgery, puberty blockers, and hormone therapy for minors. This ruling protects these nationwide laws from possible upcoming legal disputes.
Filed in April 2023, U.S. v. Skrmetti challenges the state of Tennessee on behalf of Samantha and Brian Williams and their 15-year-old transgender daughter. In addition to banning medical care for trans youth, Senate Bill 1 would require trans youth to terminate gender affirming care they are currently receiving. The law also establishes a private right of action against medical providers who supply this care, creating legal risk for providers and further targeting care specifically for transgender youth.
Samantha and Brian Williams realize the law leaves their family with two options: travel hours for care or move out of Tennessee completely.
“It was incredibly painful watching my child struggle before we were able to get her the life-saving healthcare she needed. We have a confident, happy daughter now,” Williams says. Samantha and Brian’s daughter tells the ACLU, “I want this law to be struck down so that I can continue to receive the care I need, in conversation with my parents and my doctors, and have the freedom to live my life and do the things I enjoy.”
Chief Justice Roberts wrote for the conservative majority, stating that the law does not violate the Equal Protection Clause of the Fourteenth Amendment. Defining the law as purely an age restriction rather than a sex restriction, the Court explicitly refuses these medical treatments from being used for gender dysphoria.
In a dissent backed by the other liberal judges, Judge Sotomayor wrote that this decision “abandons transgender children and their families to political whims.”
Sasha Buchert, Counsel and Director of the Nonbinary and Transgender Rights Project at Lambda Legal, tells the ACLU, “This is a sad day, and the implications will reverberate for years and across the country…[.]”
Lucas Cameron-Vaughn, Senior Staff Attorney at the ACLU of Tennessee, understands this ruling as a reflection of the Court’s belief on who does, and who does not, deserve access to healthcare. “Today the Supreme Court told Tennessee transgender youth and their families that they cannot access healthcare that is vitally important for a successful life,” he states.
Although this ruling is a “painful setback” on transgender rights, there are still precedent cases that provide legal support to trans youth. Five years ago, the Supreme Court ruled that the Civil Rights Act of 1964 protects gay and transgender individuals from facing sex discrimination in the workplace. The Court found that “sex plays an unmistakable role” in job prejudices. Despite this rationale not being applied in Skrmetti, this crucial safeguard is unaffected by the recent ruling.
This ruling marks a pivotal moment in the fight for transgender rights in America. While it delivers an immediate and severe blow to families in Tennessee and beyond, it also highlights the urgent need for continued legal and grassroots advocacy. As families like the Williamses weigh impossible choices and youth across the country face increasing barriers to care, the resilience of trans communities, and the legal precedents still in place, offer a foundation for future challenges. The fight is far from over.
