Transgender rights case lands at Supreme Court amid debate over ban on medical treatments for minors

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Transgender rights case lands at Supreme Court amid debate over ban on medical treatments for minors
SCOTUSTransgender RightsLGBTQ
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The justices’ decision could affect laws enacted by 26 states and a range of other efforts to regulate the lives of transgender people.

WASHINGTON - The Supreme Court is hearing arguments Wednesday in just its second major transgender rights case, which is a challenge to a Tennessee law that bans gender-affirming care for minors .

Four years ago, the court ruled in favor of Aimee Stephens, who was fired by a Michigan funeral home after she informed its owner that she was a transgender woman. The court held that transgender people, as well as gay and lesbian people, are protected by a landmark federal civil rights law that prohibits sex discrimination in the workplace.

Tennessee’s law bans puberty blockers and hormone treatments for transgender minors, but not “across the board,” lawyers for the families wrote in their Supreme Court brief. The lead lawyer, Chase Strangio of the American Civil Liberties Union, is the first openly transgender person to argue in front of the justices.

While the challengers invoke the 2020 ruling in Bostock v. Clayton County for support, Tennessee relies on the court’s precedent-shattering Dobbs decision in 2022 that ended nationwide protections for abortion and returned the issue to the states. The appeals court reversed a trial court that employed a higher level of review, heightened scrutiny, that applies in cases of sex discrimination. Under this more searching examination, the state must identify an important objective and show that the law helps accomplish it.

But Tennessee is pointing to health authorities in Sweden, Finland, Norway and the United Kingdom that found that the medical treatments “pose significant risks with unproven benefits.”

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