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A Supreme Court case that will decide whether Tennessee can continue to ban gender-affirming care for transgender youth could imperil the ability of all Americans to make decisions about their health care, experts say. The outcome depends on how far the court is willing to stretch its ruling that overturned federal abortion rights.
“The state can make sure that the doctor you see has a medical degree and has an active medical license, for instance,” he said. “What the state can’t do is micromanage the medical decision-making of patients or doctors, and that’s for good reason. Bureaucrats or lawmakers aren’t medical experts.”“If we don’t win here, it’s going to be open season on any health care related to transgender people,” said Shannon Minter, legal director of the National Center for Lesbian Rights.
If the state’s gender-affirming care ban is found by the Supreme Court to be discriminatory under the 14th Amendment, it is subject to— a more rigorous review to determine whether a law is constitutional or not. In that scenario, Tennessee is more likely to lose. “It’s not about whether they understand or agree with the care,” Minter said. “All they have to do is read the language of these laws, which use the term sex over and over again.”
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