Supreme Court could address state bans on trans procedures for minors soon.
The Supreme Court on the Verge of Considering Legality of Transgender Care Bans for Minors
The Supreme Court is now one step closer to being forced to address the legality of transgender care bans for minors, thanks to a series of conflicting lower court rulings across the United States.
Currently, twenty-three states have passed bans on hormone therapy, surgery, and other forms of treatments for minors. This has resulted in court battles throughout the country, with some courts blocking these laws while others allow them to remain in effect.
Increasing Circuit Splits Raise the Likelihood of Supreme Court Intervention
A federal judge in Montana recently ruled against such bans for minors, deeming a law set to go into effect on October 1 as unconstitutional. However, as more circuit courts reverse these decisions, the number of circuit splits grows, increasing the chances of Supreme Court intervention.
The 6th Circuit Court of Appeals, in particular, has been at the center of these splits. In July, a divided panel granted an emergency motion in L.W. v. Skrmetti, which removed a lower court’s hold on Tennessee’s ban for transgender youth procedures. The same appeals court is expected to issue a final ruling on the matter by September 30.
Gillian Branstetter, a communications strategist with the American Civil Liberties Union, believes that the upcoming 6th Circuit decision will likely set the stage for the first Supreme Court case concerning the right of transgender individuals to access necessary care.
If the 6th Circuit does not alter its initial ruling this week, transgender advocates may face new obstacles to procedures for minors in Kentucky, Michigan, Ohio, and Tennessee, which fall under the jurisdiction of that appeals court.
Other federal appeals courts have also overturned lower court rulings that struck down transgender youth procedure bans. For example, the 11th Circuit reinstated Alabama’s ban on puberty-blocking drugs and cross-sex hormones for minors in August.
More recently, the 4th Circuit heard oral arguments in a dispute involving the coverage of transgender procedures by North Carolina’s state employee health plan and West Virginia Medicaid. During these proceedings, at least two judges expressed the likelihood of the case eventually reaching the Supreme Court.
Anticipating a Future Supreme Court Dispute
While the Supreme Court has not yet been petitioned to weigh in on a dispute over transgender procedure bans, the conflicting rulings and the recent decision in Montana have led jurists and advocates to believe that such a dispute is imminent.
Prior to the 6th Circuit’s July ruling, several federal appeals courts had agreed with an 8th Circuit ruling from 2022 known as Brandt v. Rutledge. This ruling blocked Arkansas’s ban on transgender procedures for youth, citing the Supreme Court’s 2020 Bostock v. Clayton County decision, which held that workplace discrimination based on gender identity is a form of sex discrimination.
However, the 6th Circuit’s July ruling referenced the more recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which overturned decades of abortion precedent. The court argued that if a law restricting a medical procedure applicable only to women does not trigger heightened scrutiny, then a law applicable to all minors, regardless of their sex at birth, does not require such scrutiny either.
Professor Marc Spindelman of Ohio State’s Moritz College of Law suggests that the 6th Circuit’s conclusions regarding the application of Dobbs are preliminary and subject to correction as the case progresses.
A final ruling from the 6th Circuit is expected on or before September 30.
How might the Supreme Court’s consideration of these bans impact the future of healthcare access for transgender individuals and the broader LGBTQ+ community
Court rulings that blocked bans on transgender care for minors. The 11th Circuit recently upheld Alabama’s ban, while the 8th Circuit reinstated Arkansas’ ban after a lower court had blocked it.
Legal Arguments on Both Sides
Supporters of transgender care bans argue that minors are not capable of fully understanding the long-term consequences of these treatments and that such decisions should be left to parents or guardians. They also contend that allowing minors to undergo hormone therapy or surgery can have irreversible physical and psychological effects.
On the other hand, opponents of these bans argue that they violate the constitutional rights of transgender individuals, particularly their right to equal protection under the law. They assert that denying necessary care to transgender minors can lead to severe distress and harm their mental and emotional well-being.
These bans have significant implications for transgender youth who may rely on hormone therapy or surgery to alleviate gender dysphoria and live in alignment with their gender identity. Without access to these treatments, transgender minors may experience increased rates of depression, anxiety, and suicidal ideation.
A Potential Turning Point
The Supreme Court’s consideration of the legality of transgender care bans for minors has the potential to be a turning point in the ongoing fight for transgender rights. It could shape the future of healthcare access for transgender individuals and determine whether minors have the right to make decisions regarding their own bodies and medical treatments.
This issue also intersects with broader debates about LGBTQ+ rights, parental rights, and the role of government in regulating healthcare choices. The outcome of these cases could have ripple effects beyond transgender care bans, impacting other areas of healthcare and individual liberties.
Conclusion
As the Supreme Court weighs whether to take up the legality of transgender care bans for minors, the conflicting lower court rulings and increasing circuit splits highlight the urgency and complexity of the issue. The decision could have profound implications for transgender youth, their families, and the broader LGBTQ+ community.
Regardless of the outcome, the fact that this issue has reached the highest court in the land underscores the ongoing struggle for transgender rights and the importance of creating a society that respects and supports the dignity and well-being of all individuals, regardless of their gender identity.
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