The Supreme Court is set to hear arguments on the constitutionality of Tennessee's ban on gender-affirming care for transgender minors. The case being heard Wednesday will have a national impact because at least 25 other states have adopted similar laws in recent years.
In its waning days, the Biden administration, along with families of transgender adolescents, will appeal to the justices to strike down the Tennessee ban as unlawful sex discrimination and protect the constitutional rights of vulnerable Americans.
Trump nominated three justices in his first term who pushed the court in a more conservative direction that included the decision in 2022 overturning the landmark Roe v. Wade ruling, which had protected abortion rights for nearly 50 years.The administration and transgender families both rely on that decision to bolster their arguments.
Most Republican-controlled states have adopted a ban similar to the one in Tennessee, and those laws mostly are in effect, despite legal challenges. The Tennessee case is the first time the nation’s top court will consider the constitutionality of the bans. The bans in Tennessee and elsewhere have put families in the position of deciding whether to travel for ongoing health care, go without or wait until their children turn 18.
Some doctors who work with transgender minors said a state should not come between doctors, their patients and parents. “From a medical standpoint, I think it’s really frightening and dangerous to think that legislators could pass a law that basically judges or controls what people could do with a medication based on a diagnosis,” Dr. Susan Lacy of Memphis, Tennessee, who joined with the families in suing the state, said in an interview.
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