The court this week will consider whether Tennessee’s ban on gender-affirming care for minors is unconstitutional
The Supreme Court is set to hear one of the most important trans rights cases in history on Wednesday, with the nation’s highest court set to decide whether a state-level ban on gender-affirming care for minors is an unconstitutional form of sex discrimination.
The ban in question, passed by Tennessee’s Republican-led legislature in the form of SB1, prevents doctors from prescribing puberty blockers, hormone treatment or surgery to minors experiencing gender dysphoria. The same medications can be prescribed to cisgender teens who go through puberty too early or too late, but not for those who feel uncomfortable with their assigned gender.
United States v. Skrmetti was brought forward by three Tennessee transgender youth and their families, who argue that the ban is discriminatory and violates the Equal Protection Clause in the U.S. Constitution.
In defending its ban, the state of Tennessee has repeatedly cited the Supreme Court’s 2022 Dobbs decision, which overturned the federal right to abortion and gave jurisdiction over reproductive rights to the states.
