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The Supreme Court ruled on Wednesday (June 18) that Tennessee's law banning gender-transition treatments for minors is constitutional. The decision in United States v. Skrmetti marks a significant moment in the ongoing debate over transgender rights in the United States. Tennessee's Senate Bill 1 prohibits medical treatments that allow minors to transition genders, such as puberty blockers and hormone therapy.
Writing for the majority, Chief Justice John Roberts stated that the law does not violate the Equal Protection Clause of the Fourteenth Amendment because it does not classify on bases warranting heightened scrutiny. The ruling was supported by the court's six conservative justices, while the three liberal justices dissented. Justice Sonia Sotomayor criticized the decision, stating that it abandons transgender children to political whims.
The case drew attention as it was the first of its kind to reach the Supreme Court, following similar laws in other states. During oral arguments, Chief Justice Roberts and Justice Brett Kavanaugh suggested that such matters are best left to state legislatures, not the courts. Tennessee Attorney General Jonathan Skrmetti hailed the decision as a "landmark victory...in defense of America’s children."
The Biden administration, along with the American Civil Liberties Union (ACLU), argued that the law discriminates against transgender individuals. They pointed out that a teenager assigned male at birth can receive testosterone for delayed puberty, while a transgender teenager cannot receive the same treatment for gender dysphoria. However, Tennessee countered that the treatments have different risks and benefits for transgender youth.