The law, which passed in 2023, forbids doctors from providing care including puberty blockers, hormone therapy, and gender-affirming surgeries to transgender minors — a topic largely divided by party lines.
NASHVILLE, Tenn. (WKRN) — The Supreme Court is one step closer to having the final say in a contentious battle out of Tennessee over gender-affirming care for minors now that justices have returned to the bench for a new term.
The Supreme Court reconvened Monday and is set to hear arguments over whether a Tennessee law that banned gender-affirming care for minors violates the equal protection clause of the 14th Amendment during this new term. The law, which passed in 2023, forbids doctors from providing care including puberty blockers, hormone therapy, and gender-affirming surgeries to transgender minors — a topic largely divided by party lines.
“When a child has gender dysphoria or body dysphoria, when they are uncomfortable with their appearance, the worst thing that you can possibly do is say, ‘Well, if we just start cutting off body parts or give you medication that was never designed for this that will alter your body forever,’ that’s the worst thing you can do,” House Majority Leader, Rep. William Lamberth (R-Portland) said.
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Opponents of the law, including Dahron Johnson, the co-chair of the Tennessee Equality Project believe it unfairly targets transgender youth.
“The state legislature says that it’s thinking about the children, but really they’re thinking about their own political gains,” Johnson said. “When else do we say, ‘Your pediatrician doesn’t know what’s best for your child when it comes to their health, you don’t know what’s best for your child when it comes to their health, your child doesn’t know how they feel about their own health, but we the state feel like we have a role.'”
A lawsuit filed by the family of a 15-year-old transgender girl and other plaintiffs argued the legislation targets a specific group of people which violates the equal protection clause of the 14th Amendment. Supreme Court justices agreed to hear that argument only this past June.
“We fully anticipated it would be challenged from a legal and constitutional standpoint, so this is not a huge surprise, and we believe it’s important the Supreme Court takes up a case such as this,” Senate Majority Leader, Sen. Jack Johnson (R-Franklin) said. “I’m very proud that the law that we passed in Tennessee will be the test case.”
The American Civil Liberties Union (ACLU), one of the groups representing the plaintiffs, told News 2 the Supreme Court could hear the case in either Dec. 2024 or Jan. 2025, however no official date has been set yet.
Johnson told News 2 she feels hopeful about a potential outcome but is also realistic about the likelihood of SCOTUS ruling in their favor considering the Dobbs decision, which stated the Constitution does not grant the right to an abortion.
The ACLU issued the following statement to News 2:
“We are pleased that the Supreme Court has agreed to hear this landmark case, as it presents an opportunity to safeguard the futures of trans youth and prevent politicians from further eroding our freedoms for their own political gain. Our state should be a safe place to raise every family, and we hope that the Supreme Court will adhere to the facts and the constitution to do what’s necessary to protect Tennessee trans youth’s right to access the medicine they need to thrive and survive.”
Tennessee Attorney General Jonathan Skrmetti, who will be arguing on the state’s behalf, issued the following statement to News 2 in June 2024:
“I look forward to finishing the fight in the United States Supreme Court. This case will bring much-needed clarity to whether the Constitution contains special protections for gender identity.”