The Supreme Court has agreed to hear the Biden administration's challenge to a transgender care ban in Tennessee, marking the first substantial examination of gender-affirming care by the Court. The Tennessee law, implemented last year, prohibits hormone therapy and puberty blockers for minors and imposes penalties on doctors who violate these restrictions. This law is part of a trend seen in nearly half of US states, where bans on transgender care for minors have been enacted.
The Human Rights Campaign reports that laws targeting transgender care have been on the rise in recent years. The Supreme Court's decision to address this issue is seen as a significant development for its upcoming term. Challenges to laws in Kentucky and Tennessee were brought by the Biden administration and families of transgender minors. The Court has chosen to hear the challenge filed by the Biden administration in Tennessee.
In a previous ruling, the 6th US Circuit Court of Appeals in Cincinnati overturned a district court decision that had prevented the enforcement of the gender-affirming care ban. This allowed the ban to come into effect, despite opposition from those advocating for transgender rights.
Supporters of the ban argue that decisions regarding care should be deferred until individuals reach adulthood. On the other hand, opponents claim that these laws not only infringe on the civil rights of transgender youth but also impede parents' rights to make medical decisions for their children.
Tennessee's law specifically prohibits medical procedures that facilitate a minor identifying with a gender inconsistent with their sex or addressing distress related to gender identity. Similar legal battles over transgender care bans have been ongoing in federal courts for over a year. In a separate case, the Supreme Court allowed Idaho to temporarily enforce a strict ban on gender-affirming care for most minors, pending further resolution of the case.