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U.S. Supreme Court will decide whether transgender kids have a right to access gender-affirming care

doctor teen gender affirming care appointment

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The justices will hear arguments brought by the federal government against Tennessee’s ban on gender-affirming care for minors.

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In a move that could redefine the legal landscape for transgender rights in America, theU.S. Supreme Court announced on Monday morning that it would hear a case challengingTennessee’s ban on gender-affirming care for minors. The case, brought by theBiden administration, Tennessee families, and healthcare providers, argues that the state’s law is discriminatory and unconstitutional.

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Solicitor General Elizabeth Prelogar emphasized the urgent need for the Court’s intervention, highlighting the “profound uncertainty” faced by transgender adolescents and their families due to conflicting lower court decisions. “This Court’s input is urgently needed to resolve whether these bans are discriminatory,” she said in the government’spetition for certiorari.

Currently, 26 states have enacted laws banning access to this life-saving care for transgender youth.

The announcement has galvanized reactions from various advocacy groups.

Chase Strangio, theAmerican Civil Liberties Union deputy director for transgender justice,said, “The future of countlesstransgender youth in this and future generations rests on this Court adhering to the facts, the Constitution, and its own modern precedent. These bans represent a dangerous and discriminatory affront to the well-being of transgender youth across the country and their Constitutional right to equal protection under the law.”

Echoing this sentiment, Tara Borelli, senior counsel atLambda Legal, underscored the critical need for the high court’s intervention.

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“This Court has historically rejected efforts to uphold discriminatory laws, and without similar action here, these punitive, categorical bans on the provision of gender-affirming care will continue to wreak havoc on the lives of transgender youth and their families,” Borelli said. “We are grateful that transgender youth and their families will have their day in the highest court, and we will not stop fighting to ensure access to this life-saving, medically necessary care.”

Lucas Cameron-Vaughn, a staff attorney at the ACLU of Tennessee, highlighted the law’s immediate impact on local families. “Tennesseans deserve the freedom to live their lives as their authentic selves without government interference, yet every day this law remains in place, it inflicts further pain and injustice on trans youth and their families,” Cameron-Vaughn said. He stressed these youth’s fundamental right to life-saving healthcare and called for the court to strike down the discriminatory law.

Human Rights Campaign presidentKelley Robinson emphasized the importance of medical autonomy for transgender and nonbinary young people. “It’s simple—everyone deserves access to the medical care that they need, and transgender and non-binary young people are no exception. No politician should be able to interfere in decisions that are best made between families and doctors, particularly when that care is necessary and best practice,” Robinson said. “These dangerous bans have forced families to make heartbreaking decisions to support their children. The Supreme Court should restore access to care and block this ban. We will never stop fighting until every young person in every state can have the support they need to live freely.”

The case will be argued next fall, setting the stage for a potentially transformative ruling on the rights of transgender people. The Supreme Court’s decision could ensure that transgender adolescents across the country have access to essential medical care, reflecting the prevailing views of major medical organizations that support gender-affirming treatments as necessary and appropriate.

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