Transgender Youth Health Care Bans Challenged in Supreme Court Case U.S. v. Skrmetti

TL/DR –

Since 2021, 24 states in the US have banned hormone therapy for transgender youth diagnosed with gender dysphoria. This decision has been opposed by several medical organizations including the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics. Now, the Supreme Court is set to determine whether these bans violate the Equal Protection Clause of the US Constitution, in a case titled U.S. v. Skrmetti, which could also influence further restrictions to health care including access to abortion, IVF, and birth control.

Transgender Youth Struggle with Hormone Therapy Bans in 24 States since 2021

From 2021, 24 U.S states have prohibited hormone therapy for transgender youth suffering from gender dysphoria. Despite opposition from major medical bodies like the American Medical Association, these restrictions have compelled thousands of families to travel for medical care or see their children endure without it.

Tennessee Law Banning Gender-Affirming Care Faces Legal Challenge

In 2023, families and medical providers failed to block a law in Tennessee banning gender-affirming medical care. However, plaintiffs in this case have joined others challenging similar bans in Kentucky, seeking a Supreme Court ruling on the constitutionality of these laws.

Supreme Court Case: U.S. v. Skrmetti

The Supreme Court agreed to hear U.S. v. Skrmetti this year. The case focuses on Tennessee’s hormone therapy ban, including hormone replacement therapy and puberty blockers. The ACLU and other organizations are challenging the ban, hoping to protect gender-affirming care and uphold transgender rights.

Potential Impact of U.S. v. Skrmetti on Trans Health Care

The key issue is whether Tennessee’s ban on gender-affirming hormone therapies for transgender minors infringes the Equal Protection Clause of the US Constitution. The ACLU argues that the ban is discrimination based on sex and transgender status, thus violating the Equal Protection Clause of the 14th Amendment. Previous rulings have supported this argument.

Courts have blocked similar bans across multiple states, but some have gone into effect. The Supreme Court’s decision will determine if states can legally ban medical treatment for transgender youth with gender dysphoria.

The Future of Health Care and Trans Rights

States implementing such bans have relied on Dobbs v. Jackson Women’s Health Organization, which allowed states to ban abortion. The upcoming case, U.S. v. Skrmetti, will test the limits of Dobbs as a precedent for health care bans. The outcome could influence access to services such as abortion, IVF, and birth control.

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