Supreme Court affirms Tennessee ban on gender-affirming care for youth
Chief Justice of the Supreme Court John Roberts and Justice Elena Kagan attend President Donald Trump's address to a joint session of Congress at the U.S. Capitol in Washington, D.C., on March 4. In his majority opinion, Roberts cited risks associated with providing gender-affirming care to minors. File Pool photo by Win McNamee/UPI | License Photo
June 18 (UPI) -- The U.S. Supreme Court ruled 6-3 Wednesday to uphold a Tennessee law that bans gender-affirming care for minors. More than 20 states have similar laws that the court's ruling may impact.
The court's ruling fell along ideological lines, with the conservative majority unanimously siding in favor of upholding the law.
Tennessee law bars minors from receiving treatments such as gender transition surgery, hormone therapy and puberty blockers.
In his majority opinion, Chief Justice John Roberts cited risks associated with providing such treatments to minors, referencing research dating back to 1979 and studies in European countries.
"The current standards recognize known risks associated with the provision of sex transition treatments to adolescents, including potential adverse effects on fertility and the possibility that an adolescent will later with to detransition," Roberts wrote.
"They further state that there is 'limited data on the optimal timing' of sex transition treatments or 'the long-term physical, psychological and neurodevelopmental outcomes in youth.'"
Tennessee passed its law, the "Prohibition on Medical Procedures Performed on Minors Related to Sexual Identity," in 2023.
According to Roberts, the Tennessee law is limited in two ways. It does not prohibit the use of puberty blockers or hormone therapy for people who are 18 years old or older. It also does not enact a complete ban on the use of such drugs on minors, for example, to treat early puberty, congenital defects and other conditions.
Associate Justice Sonia Sotomayor, in her dissenting opinion, argued that because the law "expressly classified on the basis of sex and transgender status," it should have been considered under intermediate scrutiny, a higher standard than the rational-basis review the conservative justices applied.
"By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims," Sotomayor wrote.
"Tennessee's ban applies no matter what a minor's parents and doctors think, with no regard for the severity of the minor's mental health conditions or the extent to which treatment is medically necessary for an individual child."
Sotomayor recalled the testimonies shared on behalf of the plaintiffs. Several shared concerns about the health and wellbeing of children who are denied gender-affirming care, including a mother who spoke on behalf of her 16-year-old son.
Three sets of parents and children who testified are joined in the lawsuit to challenge Tennessee's law.
Transgender and nonbinary youth face higher risks of suicide and laws prohibiting gender-affirming care correspond with a 72% increase of suicide attempts, according to a study by the Trevor Project.
If you or someone you know is struggling with suicidal thoughts, help is available 24/7. Call or text the 988 Suicide & Crisis Lifeline for free, confidential support. Globally, the International Association for Suicide Prevention has contact information for crisis centers around the world.
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