The U.S. Supreme Court’s conservative majority appeared inclined to uphold a Tennessee law banning gender-affirming medical care for transgender minors during arguments on Wednesday. The case involves a challenge to the Republican-backed 2023 law that prohibits treatments like puberty blockers and hormones for individuals under 18 with gender dysphoria—a condition marked by distress due to a mismatch between gender identity and sex assigned at birth.
Democratic President Joe Biden’s administration, which opposes the law, argues it discriminates based on sex and transgender status, violating the Constitution’s 14th Amendment guarantee of equal protection. Solicitor General Elizabeth Prelogar contended that these treatments have been safely used for decades and that the law disregards parental, patient, and medical judgment.
Tennessee’s Solicitor General Matthew Rice defended the law as a measure to protect minors from “risky, unproven medical interventions” with potentially irreversible consequences. He argued the law’s application depends on medical purpose, not sex, and compared it to restricting morphine for assisted suicide.
Conservative justices highlighted the evolving international debate over youth gender treatments, with Chief Justice John Roberts and Justice Brett Kavanaugh questioning whether courts or legislatures should decide such matters. Kavanaugh noted policy shifts in countries like England and Sweden as signals of caution.
Liberal justices raised concerns about the law’s discriminatory impact and its implications for equal protection principles. Justice Sonia Sotomayor emphasized high suicide rates among transgender minors, while Justice Ketanji Brown Jackson warned of undermining foundational equal-protection rulings.
The case, brought by transgender minors, their parents, and a doctor, could influence similar laws in other states. A decision is expected by June.
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