Supreme Court agrees to review Tennessee ban on gender transition care

A transgender teen takes prescription medicine, which includes hormone therapy drugs, before school on March 6, 2020, in St. Louis. The Supreme Court on Monday agreed to review a Tennessee law that bans gender transition care for people younger than 18. The case will be the first opportunity the justices have to consider the constitutionality of such restrictions, which 23 states have passed since 2021.

Transgender young people, their families and medical providers asked the court last fall to review a decision by the U.S. Court of Appeals for the 6th Circuit that upheld a law that bars transgender children in Tennessee from accessing puberty blockers and hormones. At the time, Tennessee Attorney General Jonathan Skrmetti called the 6th Circuit’s ruling “a big win for democracy.”Legal experts have long thought the Supreme Court would eventually have to rule on whether these bans violate the Constitution, but the court has great flexibility in deciding when and how to take cases. The Tennessee case had been on and off the Supreme Court’s list of cases for consideration at its private conference for several months before the announcement Monday.

Historically, the Supreme Court has taken cases when the issue at hand is of great significance and lower courts have issued contradictory rulings. Though federal district courts have remained divided on whether trans young people should have access to transition care, the appeals courts so far have been in agreement that bans on such care are permissible.

Last year, the U.S. Court of Appeals for the 11th Circuit in Atlanta ruled that an Alabama ban could take effect. In February, the U.S. Court of Appeals for the 7th Circuit in Illinois temporarily allowed Indiana’s ban to take effect while litigation continues., the court ruled 6-3 that federal employment law protections apply to millions of lesbian, gay, bisexual and transgender workers.

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