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The Supreme Court is revisiting a controversial issue related to transgender rights, as they prepare to hear a significant case challenging a Tennessee law that prohibits certain medical treatments for transgender minors.
Written by Adam Liptak
Writing from the capital
Just over four years ago, the Supreme Court made an unexpected decision in favor of L.G.B.T.Q. communities. Despite the Trump administration’s stance, the court ruled with a significant majority that a federal civil rights law prevented workplace discrimination against transgender individuals.
Over the years, transgender rights have become a major point of conflict in society, with debates on issues such as healthcare, bathrooms, sports, and pronouns being highlighted during the presidential campaign. However, the Supreme Court has not extensively delved into these issues since the 2020 employment discrimination case, where Justice Neil M. Gorsuch, the first appointee by President Trump, delivered the majority opinion.
On Wednesday, the court will address another important case regarding transgender rights, specifically focusing on a Tennessee law that restricts certain medical treatments for transgender individuals under the age of 18.
This case is the most important one of the term. The court’s ruling, which is anticipated to be announced by June, could impact not only the future of this law and others like it in over 20 states, but also the significance of the Constitution’s equal protection clause in cases involving discrimination against transgender individuals.
In Tennessee, medical providers are not allowed to prescribe puberty-delaying medication, offer hormone therapy, or perform surgery to address the psychological distress that comes from feeling a mismatch between one’s experienced gender and the gender assigned at birth. However, the law does permit these treatments for other reasons.
The main issue for the judges is not about the wisdom of Tennessee’s ban or if it aligns with medical experts’ opinions. The key question is whether the law discriminates based on gender. If it does, a more rigorous form of legal examination, known as "heightened scrutiny," will be applied. If not, the Tennessee law will likely be upheld.
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