[A Single 15-Minute Argument Could Change the Lives of Many in the US
A single 15-minute argument in the middle of this week could change the life of Chase Strangio, a 42-year-old attorney for the ACLU, and the lives of many like him in the United States. On Wednesday, he will make history as the first known transgender person to argue before the US Supreme Court. He will do so as part of the most high-profile dispute on the docket this session.
The case, US v. Skrmetti, challenges a Tennessee law that bans treatments, including hormone therapy and puberty blockers, for transgender minors and imposes civil penalties on doctors who violate the prohibitions. Some two dozen similar laws have been enacted in recent years in Republican-led states.
The high court’s ruling could have a cascading effect, not just for the families and physicians whose lives are deeply intertwined with its outcome and who await Strangio’s appearance at the lectern with guarded hope, but also for the next chapter of civil rights law in the United States.
For Strangio, the professional path that has led to this moment – in which he will have 15 minutes to present his argument to the justices – cannot be unwoven from his life outside the courtroom.
“It is not lost on me that I will be standing there at the lectern at the Supreme Court in part because I was able to have access to the medical care that is the very subject of the case that we’re litigating,” he said recently.
The justices will decide whether Tennessee’s ban on gender-affirming care for children and adolescents violates the Constitution’s Equal Protection Clause, a question that could allow a majority of the court to hold that laws targeting transgender people are unconstitutional and discriminatory.
A ruling along those lines would give civil rights lawyers a powerful tool for fighting anti-trans laws on bathroom access, school sports, and pronouns. A ruling that allows Tennessee’s ban to stand, by contrast, could be seen as a tacit endorsement of those policies, clearing the way for states to pass still more laws aimed at trans Americans.
Strangio, who is set to present his argument on Wednesday, is buoyed by his experience as a trans man who has overcome personal challenges and a strong sense of purpose. However, he also acknowledges the weight of the moment and the scrutiny that comes with it.
“I’ll probably have a nervous breakdown on December 5,” he quips, referring to the day after his argument before the court. For now, he is focused on putting forward the best legal argument he can, driven by a visceral understanding of just how much is at stake.
“Every aspect of gender-affirming care that has transformed my life, I’m keenly aware that I want to preserve the ability for other people to access that care,” he said.
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