Gender-Affirming Care Ban’s Constitutionality to be Decided by Supreme Court

The U.S. Supreme Court will decide whether banning gender-affirming care for trans youth violates the Constitution, specifically the 14th Amendment’s equal protection and due process clauses.

With such bans already in effect in 25 states, this decision will be pivotal in determining access to trans healthcare across the country and will either open or close doors to the possibility of other trans bans in the future.

The case stems from a Tennessee law passed in July 2023 which restricted access to gender-affirming care—including puberty blockers and hormone treatments for trans youth. The Biden Administration urged the Supreme Court to address the case following the 6th U.S. Circuit Court of Appeals ruling that the bans in Tennessee and Kentucky do not discriminate on the basis of sex.

However, there are broader concerns about this law when factoring in the 14th Amendment regarding whether it violates parents’ rights and how the ruling could allow similar anti-trans laws to be examined and dismissed.

This case carries high stakes as it addresses the Supreme Court’s historical reluctance to intervene in transgender rights issues, including bathroom access and trans athletes in school sports. Taking on this case is significant and will determine definitively if trans people are considered a protected group.

However, there is risk involved, as an unfavorable ruling for the LGBTQ+ community by a Conservative-majority court could mean detrimental results for the queer population in the future, not unlike the fallout of Roe v. Wade being overturned.

Despite the Conservative-leaning court, Chase Strangio, deputy director for transgender justice at the ACLU’s LGBTQ & HIV Project, remains hopeful. He encourages the Supreme Court to weigh facts and precedents protecting historically discriminated groups. Strangio states, “The future of countless transgender youth in this and future generations rests on this court adhering to the facts, the Constitution and its own modern precedent.”

While LGBTQ+ rights attorneys agree the timing is not optimal, the urgency of the gender-affirming care ban case is heightened by the potential for future anti-trans legislation, which may further increase under a second term of Donald Trump as president.

The Supreme Court will deliberate this case in the fall, with a decision potentially not coming until 2025. This ruling could reshape the legal landscape for LGBTQ+ protections, and will undoubtedly have major implications regardless of the outcome.

Featured image courtesy of Unsplash.