President Donald Trump’s administration announced a significant shift in position regarding a major Supreme Court case on transgender rights. The administration is now supporting Tennessee’s ban on gender-affirming care for minors, a move that contrasts with the Biden administration’s previous opposition to the ban.
The case involving Tennessee’s ban is considered one of the most significant LGBTQ+ cases the Supreme Court has faced in recent years. The Biden administration had challenged the state’s ban on puberty blockers and hormone therapy, but a federal appeals court allowed the ban to go into effect in 2023. Oral arguments were heard in December.
Despite the Biden administration's lawsuit against the law, officials from the Trump administration informed the Supreme Court that they believe supporting the state’s ability to ban gender-affirming care for minors is the correct stance. However, they emphasized that the Supreme Court should still make a decision on the case, even though the administration no longer supports the appeal.
The Justice Department stated to the Supreme Court that they now believe Tennessee’s SB 1 does not violate equal protection based on sex or any other characteristic. They clarified that the new administration would not have intervened to challenge SB 1 or sought the Supreme Court’s review of the court of appeals’ decision to reverse the preliminary injunction against SB 1.
Tennessee’s SB 1 prohibits hormone therapy and puberty blockers for minors in the state and imposes civil penalties on doctors who violate these prohibitions. The law also includes a ban on gender-affirming surgeries, although this specific provision is not under consideration in the case.
During the oral arguments in December, several conservative justices on the Supreme Court, including Chief Justice John Roberts and Justices Brett Kavanaugh, Samuel Alito, and Clarence Thomas, appeared inclined to support the law.
