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4d ago

Supreme Court Vacates Rulings on Transgender Health Care and Birth Certificate Changes

Lower courts must apply the new rational-basis standard from the Skrmetti decision when reconsidering bans on transgender health care, including birth certificate restrictions.

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 lower court decisions in North Carolina, West Virginia, Idaho and Oklahoma that had barred state limits on transgender health care and gender-marker updates on birth certificates.
  • The order instructs appeals courts to employ the rational-basis equal protection review set out in United States v. Skrmetti when reevaluating these challenges.
  • Challenges in North Carolina and West Virginia focus on state-sponsored insurance exclusions for puberty blockers, hormone therapy and related procedures for transgender individuals.
  • Additional remands cover Idaho’s ban on Medicaid-funded surgical procedures for transgender patients and Oklahoma’s prohibition on updating gender markers on birth certificates.
  • Petitions on transgender students’ participation in school sports in Arizona, Idaho and West Virginia remain pending before the Supreme Court.