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5d ago

Supreme Court Sends Transgender Health and Identity Rulings Back to Lower Courts

Lower appeals courts must apply the Supreme Court’s new rational-basis standard when reconsidering coverage exclusions, birth certificate policies, related transgender rights cases.

FILE - Supreme Court is seen on Capitol Hill in Washington, April 25, 2024. (AP Photo/J. Scott Applewhite, File)
FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)
The plaza in front of the US Supreme Court building is closed on the final day of this term on June 27 in Washington, DC.
FILE - Transgenders rights supporters rally outside of the Supreme Court, Dec. 4, 2024, in Washington. (AP Photo/Jose Luis Magana, File)

Overview

  • On June 30, the Supreme Court vacated and remanded appellate rulings from the 4th, 9th and 10th Circuits that had blocked state policies in North Carolina, West Virginia, Idaho and Oklahoma on transgender healthcare coverage and birth certificate changes.
  • The order requires these courts to reassess their pro-transgender decisions under the rational-basis review established in United States v. Skrmetti, which upheld Tennessee’s ban on puberty blockers and hormone therapy for minors.
  • Justices also declined to hear an appeal challenging Kentucky’s ban on gender-affirming care for minors, leaving that state’s restrictions in force.
  • The court took no immediate action on challenges to transgender student sports-participation bans in Arizona, Idaho and West Virginia but could decide on further review as soon as Thursday.
  • Legal experts say the ruling signals a shift toward greater deference to state medical-policy judgments and leaves unresolved the scope of future challenges on adult care restrictions and school sports participation.