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Major Transgender Rights Case Taken Up by the Supreme Court Regarding Youth Medical Care Ban


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Supreme Court transgender case

Tennessee's restriction on gender-affirming care for children is being challenged in a significant transgender rights issue before the Supreme Court. The ruling may influence future rights for transgender people in the United States and comparable laws in 25 states.

In only its second significant transgender rights case, the Supreme Court is hearing arguments on Wednesday. The case challenges a Tennessee statute that prohibits gender-affirming therapy for children.

The court's ruling, which is not anticipated for many months, may have an impact on similar legislation passed by an additional 25 states as well as a variety of other initiatives to control transgender people's lives, such as which sports leagues they may participate in and whose restrooms they can use.

Following a presidential election in which Donald Trump and his supporters pledged to remove rights for transgender individuals, the issue is being heard by a conservative-dominated court.

Aimee Stephens was dismissed by a funeral company in Michigan after telling the owner she was transgender, and the court decided in her favor four years ago. The court said that a historic federal civil rights provision that forbids sex discrimination in the workplace protects transgender individuals as well as gay and lesbian individuals.

In the case four years ago, the majority of liberal and conservative justices found that sex clearly plays a role in employers' decisions to punish transgender people for characteristics and behavior they otherwise tolerate. The Biden administration, along with the families and healthcare providers who challenged the Tennessee law, are calling on the justices to adopt the same kind of analysis.

Whether the law in Tennessee violates the 14th Amendment's equal protection clause—which mandates that the government treat people in similar circumstances equally—is at the heart of the case.

In their Supreme Court brief, attorneys for the families said that while Tennessee law prohibits hormone therapy and puberty blockers for transgender adolescents, it does not do so across the board. The American Civil Liberties Union's Chase Strangio, the main attorney, is the first openly transgender person to present their case before the justices.


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