[The Supreme Court appeared likely to back a divisive Tennessee law that bans gender-affirming care for minors after more than two hours of oral arguments, which delved into a culture war battle that has become even more politically fraught since the election.
Several conservative justices, including Chief Justice John Roberts and Justice Brett Kavanaugh, signaled deep reservations with the idea of courts second-guessing lawmakers who have approved bans on puberty blockers and hormone therapy for minors in roughly half of the nation’s states.
The court’s three liberal justices appeared to be aligned in favor of the trans youth and their parents, who challenged the Tennessee law and the Biden administration, saying that transgender Americans should receive heightened protection under the law. Justice Neil Gorsuch, a key conservative, was notably silent.
More than 110,000 teenagers live in states where restrictions on transgender care exist, according to the Williams Institute at UCLA School of Law.
On multiple occasions, Roberts and Kavanaugh suggested that the issue of gender-affirming medical treatments for minors should be left to legislatures to decide and that the courts shouldn’t play a role. Roberts zeroed in on the “medical nuances” involved in deciding what treatments minors should have access to and described this case as different from other legal disputes over sex-based policies.
Kavanaugh described the dispute as asking the court to weigh the risks for one group of individuals – minors who would suffer if Tennessee’s law was upheld because they benefit from the treatments – against the risks for other individuals who would be harmed if it was struck down and they received treatments that they later regretted.
Alito and other conservatives focused on so-called “detransitioners” – individuals who regret receiving gender-affirming treatments earlier in their lives. Gorsuch was notably silent, and his decision not to ask a single question was highly unusual in such a high-profile case.
Kavanaugh repeatedly raised concerns about the impact the court’s decision may have on girls’ sports, an issue that has already worked its way up to the Supreme Court in several cases. He also expressed skepticism about the idea that trans youth should have access to gender-affirming care, citing detransitioners who have regretted their decisions.
In the end, the court’s decisions on this case may have significant implications for the future of transgender rights in the United States, as they could potentially pave the way for more anti-trans legislation.
Source link