Transgender rights, especially those of minors, have been a major topic of discussion in health care and education systems alike. Gender-affirming care, according to NBC News, is considered, by several major medical organizations, an effective method of treatment for gender dysphoria.
Now, though, the rights and access to such care, which many consider crucial for minors who identify as transgender, might be in jeopardy.
The Supreme Court, under continuous pressure from Solicitor General Elizabeth Prelogar, is set to preside over a ruling regarding gender-affirming rights for minors. According to NBC news, the 9 Justices will listen to a Biden administrative appeal of a court ruling that upheld a new measure in Tennessee. The measure discussed would block minors’ access to puberty blockers, hormone therapy, and surgery. Only the first two modes of treatment will be up for debate in the Supreme Court hearing.
This is the first time transgender rights for teens will be discussed in the Supreme Court. This January, and back in 2021, the Supreme Court declined cases regarding which restrooms transgender students can use.
In a statement, Tennessee Attorney General Jonathan Skrmetti discussed having “fought hard” in his defense of his state’s law. Additionally, as quoted by NBC he is looking forward to “finishing the fight” in the Supreme Court. Solicitor General Elizabeth Prelogar stands with the plaintiffs. Meanwhile, Judge Jeffery Sutton, emphasizes the newness of the diagnoses and how difficult a question gender-affirming treatment is.
Plaintiffs in the case, stated by NBC News to be transgender teens and their families, claim that the laws violate the Constitution’s 14th Amendment, which requires equal application of the law to everyone. They claimed that not allowing medical treatment for transgender people while also making it available to others is a direct violation of the previously mentioned amendment. The American Civil Liberties Union stands with the plaintiffs, with Chase Strangio, in a statement released by NBC News, stressing the importance of the case.
NBC News also mentions that the plaintiffs claim the law violates parental rights to make health care decisions for children. The Supreme Court, however, will not be discussing this matter.
A lengthy process is ahead for the Justices. Oral arguments and a final ruling are expected in the Court’s next term: October 2024 to June 2025. While it’s still unclear what will happen one thing is certain: both sides are ready for the fight.
