TBA Law Blog

TBA Law Blog

U.S. Supreme Court to Take up State Ban on Gender-Related Medical Care for Minors

Posted by: Stacey Shrader Joslin on Jun 24, 2024
News Type: Legal News

The U.S. Supreme Court announced Monday it will review the constitutionality of Tennessee’s law banning gender medical care for minors during its next term. The high court previously avoided opportunities to get involved in cases involving transgender protections, but after being urged by the Biden administration to take up the latest dispute, the justices agreed to do so in a brief order, The Hill reports. A group of anonymous transgender minors and parents challenged the law, and the Justice Department later intervened in the dispute. A federal district judge issued an injunction blocking the law from taking effect. On appeal, the U.S. 6th Circuit Court of Appeals reversed the injunction but consolidated the suit with a similar case from Kentucky. The high court’s order limits review to the question of whether the law violates the 14th Amendment’s Equal Protection Clause. The state had asked the court not to consider the case, arguing it should allow the issue to develop further in the appeals courts. SCOTUSblog has an analysis of the issues.

Tennessee Attorney General Jonathan Skrmetti issued this statement on the court’s decision: "We fought hard to defend Tennessee's law protecting kids from irreversible gender treatments and secured a thoughtful and well-reasoned opinion from the 6th Circuit. 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."

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