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Supreme Court Backs Tennessee Ban on Gender-Affirming Care for Minors

By treating restrictions as tied to medical diagnosis rather than sex, the court cleared the way for similar measures nationwide

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Hundreds rally outside of the U.S. Supreme Court in Washington, D.C., on December 4, 2024.
People gather and react outside the U.S. Supreme Court on the day it heard arguments over an appeal by U.S. President Joe Biden's administration of a lower court's decision upholding a Republican-backed ban in Tennessee on gender-affirming medical care for transgender minors, in Washington, U.S., December 4, 2024. REUTERS/Leah Millis/File Photo
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Overview

  • The Supreme Court’s 6-3 ruling held that Tennessee’s 2023 law barring puberty blockers, hormone therapy and surgery for gender transition does not violate the 14th Amendment’s Equal Protection Clause.
  • Chief Justice John Roberts wrote that the law targets age and medical diagnosis instead of sex, prompting the court to apply a deferential rational-basis review.
  • Justice Sonia Sotomayor’s dissent, joined by Ketanji Brown Jackson and Elena Kagan, warned that the decision invites discrimination and leaves transgender youth subject to political disputes.
  • The ruling effectively upholds comparable bans in at least 24 states and steers future challenges toward parental decision-making rights and adult care restrictions.
  • Major medical organizations, including the American Academy of Pediatrics, assert that gender-affirming care is medically necessary and backed by research, and advocates are readying new litigation.