Supreme Court of the United States Ruling Undermines Protections for Transgender Youth

SALT LAKE CITY – This morning, the U.S. Supreme Court issued its decision in United States v. Skrmetti, upholding Tennessee’s ban on gender-affirming hormone therapy for transgender youth. The case was brought by three transgender adolescents, their families, and a Memphis-based medical provider, challenging the law as unconstitutional.

The Court ruled that the Tennessee law can remain in effect, finding that it does not trigger heightened constitutional scrutiny.

Significantly, the Court’s decision is limited to the facts of the Tennessee case and neither bans gender-affirming care for youth in states in which it is currently available, nor settles questions of whether other laws that ban gender-affirming care violate the Equal Protection Clause or state constitutions.

“Today’s ruling is a devastating loss for transgender people, our families, and everyone who cares about the Constitution,” said Chase Strangio, Co-Director of the ACLU’s LGBTQ & HIV Project. “Though this is a painful setback, it does not mean that transgender people and our allies are left with no options to defend our freedom, our health care, or our lives. The Court left undisturbed Supreme Court and lower court precedent that other examples of discrimination against transgender people are unlawful. We are as determined as ever to fight for the dignity and equality of every transgender person, and we will continue to do so with defiant strength, a restless resolve, and a lasting commitment to our families, our communities, and the freedom we all deserve.”

In 2023, Utah passed SB16, becoming one of the currently 25 states with laws that ban gender-affirming medical care for transgender minors, even though similar treatments remain available to cisgender youth for other conditions.

“Let’s be unequivocal: transgender and nonbinary individuals have always existed and been vital members of our communities. They have the right to live openly and freely without constant political attacks,” said Aaron Welcher, Director of Communications for the ACLU of Utah. “This Supreme Court decision enables those in power in Utah to target and harm a specific group. Lawmakers cannot claim to care about youth while ignoring the doctors who treat them, the parents who support them, and the young people fighting to be themselves.”