The federal government no longer backs transgender minors and their families in Tennessee who are challenging a state ban on gender-affirming care, the Trump administration told the Supreme Court Friday.
The court's conservatives, at arguments in December, had already seemed likely to uphold the state ban on puberty blockers and hormone treatments.
The formal notification of the change is the latest in a flurry of actions by the new administration regarding transgender people. President Donald Trump signed an executive order in his second week in office halting federal support for gender-affirming health care for transgender people under age 19.
The Tennessee law known as SB1 is similar to measures in about half the states that prohibit gender-affirming care for minors.
The Biden administration had intervened in the Tennessee case, arguing that the restrictions amount to unconstitutional sex discrimination and warning that the court's decision in favor of the state could lead to restrictions on transgender adults.
“The Department has now determined that SB1 does not deny equal protection on account of sex or any other characteristic,” Deputy Solicitor General Curtis Gannon wrote in a letter to the court. “Accordingly, the new Administration would not have intervened to challenge SB1 — let alone sought this Court’s review of the court of appeals’ decision” effectively upholding the law.
But the justices still should go ahead and decide the Tennessee case, Gannon said, because the transgender minors and their parents also are involved and it would be inefficient to order a new round of legal briefing.
A decision is expected no later than early summer.
Since returning to the presidency last month, Trump has signed orders that define the sexes as unchangeable, open the door to banning transgender people from military service, call for new rules about how schools can teach about gender and set the stage to ban transgender women and girl athletes from participating in girls’ and women’s sports. Several of the measures have already been challenged in court.
