The Supreme Court of the US (SCOTUS) approves of discrimination of transgender people… at least based its recent decision that upheld Tennessee’s ban on gender-affirming care for transgender minors.
In a 6-3 decision, the SCOTUS ruled in United States vs. Skrmetti to upholding a lower court’s ruling that a Tennessee law (SB1) banning gender-affirming care for minors does not violate the US Constitution’s 14th amendment equal protection clause.
This decision effectively says that all legal challenges to roll back protections for transgender people is a no-go, particularly with their rise with the re-election of America’s first convicted felon president Donald Trump. Twenty-six (26) other US states have laws similar to Tennessee’s.
Right-wing SCOTUS head, Chief Justice John Roberts, wrote the majority, claiming that that the law banning puberty blockers and hormone treatments for transgender minors does not violate the Constitution’s equal protection clause, which requires the government to treat similarly situated people the same.
“This case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field. The voices in these debates raise sincere concerns; the implications for all are profound,” Roberts wrote. “The Equal Protection Clause does not resolve these disagreements. Nor does it afford us license to decide them as we see best.”
Dissenting with the anti-LGBTQIA+ decision, and speaking for the court’s three liberal justices, Justice Sonia Sotomayor wrote: “By retreating from meaningful judicial review exactly where it matters most, the court abandons transgender children and their families to political whims. In sadness, I dissent.”
The law also limits parents’ decision-making ability for their children’s health care.
Experts and practitioners in the medical field contradicted Robert’s (and the conservatives’) use of science to justify the anti-LGBTQOA+ decision via a statement released on behalf of the American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American College of Physicians, American Pediatric Society, American Psychiatric Association, Endocrine Society, and the National Association of Pediatric Nurse Practitioners.
“As experts dedicated to providing patients with compassionate, evidence-based care every day, we are disappointed in the US vs. Skrmetti decision, which increases the likelihood that other states will limit or eliminate families’ and patients’ ability to access medical care.”
“As doctors, nurse practitioners, and nurses, we believe that every patient is different. Decisions about medical care must be based on individualized assessments by qualified professionals in consultation with the patient and their parents or legal guardians and guided by well-designed medical evidence. This Supreme Court decision strips patients and families of the choice to direct their own health care.”
The added that every patient should have access to the medical care they need. “Health care professionals must be able to rely on their training, education, and expertise to provide appropriate care based on the needs and values of each patient and their family, without bans or interference.”
The group of professional medical and mental health organizations already submitted an amicus brief in the US vs. Skrmetti case.
