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

Critics warn the court’s deferential review invites broader state bans on transgender healthcare

Illustration by Noah Hickey. (Photos via Unsplash)
People with rainbow umbrellas protest in support of care for transgender youth outside the Supreme Court during the United States v. Skrmetti arguments regarding Tennessee blocking transgender care for minors on December 4, 2024.
The U.S. Supreme Court in Washington, D.C. (Win McNamee/Getty Images/TNS)
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Overview

  • In a 6–3 decision authored by Chief Justice John Roberts, the court applied rational basis review and ruled the Tennessee law does not violate the Equal Protection Clause
  • Justice Amy Coney Barrett’s concurrence signals approval for states to extend restrictions beyond minors to adult transgender care
  • Legal scholars such as Leah Litman argue the opinion is inconsistent and driven by partisan politics rather than neutral jurisprudence
  • Over two dozen states already bar gender-affirming treatments for minors and are poised to cite this ruling to defend or enact similar measures
  • Transgender advocates and lawmakers including Rep. Sarah McBride are pressing Congress to pass federal legislation that guarantees LGBTQ rights nationwide