The Supreme Court seems to be at odds over restrictions on gender transition treatments for minors.

A challenge to a Tennessee law was the subject of nearly two-and-a-half hours of tense oral arguments heard by the justices.

The Supreme Court seems to be at odds over restrictions on gender transition treatments for minors.
The Supreme Court seems to be at odds over restrictions on gender transition treatments for minors.

The Supreme Court heard nearly two-and-a-half hours of tense oral arguments over a challenge to a Tennessee law that bans gender-affirming medical care for minors. The justices debated whether the equal protection clause prohibits states from allowing medical providers to deliver puberty blockers and hormones to facilitate a minor's transition to another sex.

The three justices appointed by former President Trump, including Justices Brett Kavanaugh and Amy Coney Barrett, could be the key to deciding the socially divisive question.

Justice Alito relied on research showing the adverse effects of gender-affirming care for teenagers, while Justice Sotomayor presented evidence of young people who were denied treatment for gender dysphoria.

Supreme Court building tinted red from sunset
The U.S. Supreme Court is seen at sunset. The court heard oral arguments Wednesday in a high-profile case centered on the right of transgender youth to receive gender-affirming care. (Aaron Schwartz/SIPA USA)

In a 2020 case, Chief Justice John Roberts voted in the majority in favor of transgender employees who claimed workplace discrimination. The opinion was authored by Gorsuch. However, in Wednesday's arguments, Roberts suggested that state legislatures, rather than courts, were better equipped to decide questions related to regulating medical procedures.

Jonathan Skrmetti, Tennessee attorney general
Tennessee Attorney General Jonathan Skrmetti was named a respondent in the court challenge. (AG Jonathan Skrmetti/Planet Chronicle Digital)

According to Roberts, the Constitution delegates the resolution of that issue to the people's elected representatives, rather than to a panel of nine individuals, none of whom are medical professionals. Strangio, an openly transgender lawyer representing transgender minors, parents, and a doctor, was the first to present such an argument before the Supreme Court.

Supreme Court Justices in group photo
U.S. Supreme Court members, front from left, Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, and Justices Samuel Alito and Elena Kagan, and back from left, Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and Ketanji Brown Jackson pose for their official portrait on Oct. 7, 2022, in Washington, D.C. (Alex Wong/Getty Images)

The Biden administration, represented by the U.S. solicitor general, opposed a law in Tennessee that bans transgender individuals from participating in sports. Trump had pledged to implement policy changes affecting transgender individuals in various sectors during his re-election campaign.

A ruling is expected by late June 2025.

The case is U.S. v. Skrmetti (23-477).

by Shannon Bream,Bill Mears

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