The U.S. Supreme Court appears poised to uphold Tennessee’s child-protection law restricting transgender treatments for minors, a development that has alarmed transgender activists and progressives. The law bars the use of hormones, puberty blockers, and surgeries for physically healthy children seeking to transition, arguing that these experimental treatments carry significant long-term risks.
During the December 4 hearing, a majority of the justices, including Chief Justice John Roberts, appeared sympathetic to Tennessee’s argument that states have the authority to regulate medical practices, even if it involves differential treatment of the sexes. Roberts suggested that the government could reasonably engage in such regulation in medical contexts, signaling a potential legal framework for upholding the law.
Justice Ketanji Brown Jackson, a progressive voice on the Court, expressed concerns that the law undermines protections against sex discrimination. Transgender advocates had hoped the Court would rely on the 2020 Bostock v. Clayton Countydecision, authored by Justice Neil Gorsuch, which extended workplace protections to transgender individuals. However, Gorsuch was notably silent during the hearing, raising doubts about his willingness to apply Bostock’s logic to this case.
Progressive commentators have voiced alarm, with Slate.com predicting a 6-3 decision in favor of the law. Activists warn this ruling could dismantle decades of legal precedents surrounding gender discrimination and embolden further restrictions on transgender-related policies.
Supporters of Tennessee’s law argue it protects all children equally by preventing clinics from medicalizing minors who cannot fully comprehend the irreversible consequences of such treatments. They maintain that parents and children are entitled to consumer protections against experimental medical practices promoted by profit-driven clinics.
While some legal experts speculate the Court might consider an alternative argument based on parental rights, the justices showed little inclination to embrace this approach during the hearing.
The case, United States v. Skrmetti, is seen as pivotal in shaping the future of transgender policies in the United States. A ruling is expected by mid-2024 and could have broad implications for state laws regulating transgender treatments and other gender-related issues.
