United States v. Skrmetti (Docket No. 23-477) is a pending United States Supreme Court case on whether bans on gender affirming care (including puberty blockers, hormone therapy, and gender reassignment surgery) for children violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.[1]
| United States v. Skrmetti | |
|---|---|
 | |
| Full case name | United States of America v. Jonathan Thomas Skrmetti, et al |
| Docket no. | 23-477 |
| Case history | |
| Prior |
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| Questions presented | |
| Whether Tennessee Senate Bill 1 (SB1), which prohibits all medical treatments intended to allow "a minor to identify with, or live as, a purported identity inconsistent with the minor's sex" or to treat "purported discomfort or distress from a discordance between the minor's sex and asserted identity," Tenn. Code Ann. § 68-33-103(a)(1), violates the Equal Protection Clause of the Fourteenth Amendment. | |
Background
editOn March 22, 2023, the Tennessee House of Representatives passed HB1 amending the Tennessee Code prohibiting certain forms of gender affirming care for transgender minors with a diagnosis of gender dysphoria.[2] This includes puberty blockers and hormone therapy.[3]
Upon passage of the law, the Department of Justice sought an injunction in the US District Court for the Middle District of Tennessee to prevent the law from going into effect on July 1, 2023.[3]
The District Court granted a preliminary injunction, preventing the ban on hormones and puberty blockers from going into effect. The court deemed the state ban as infringing on the "fundamental rights" of parents, while allowing for the ban on gender affirming surgery to remain.[4]
Sixth Circuit
editThe District Court's ruling was further appealed to the US Court of Appeals for the Sixth Circuit. In a 2–1 decision, the Sixth Circuit stayed the lower court's decision to grant a preliminary injunction. Chief Judge Jeffrey Sutton wrote that the Tennessee state government was likely to succeed upon their appeal and that the right of parents to control the medical care of their children is not a fundamental right because it is not "deeply rooted in this Nation's history and tradition," a standard set by the Supreme Court in Washington v. Glucksberg (1997).[5]
Judge Helene White concurred in part and dissented in part, arguing that the Tennessee law is "likely unconstitutional based on the Plaintiffs’ theory of sex discrimination" and that she would not stay the injunction but rather narrow its scope. However, she agreed that the "District Court abused its discretion in granting a statewide preliminary injunction."[5]
Supreme Court
editOn November 6, 2023, the United States petitioned the Supreme Court to hear this case on appeal.[6] The Supreme Court granted certiorari on June 24, 2024.[7] Oral arguments will be heard on December 4, 2024.[8] In November 2024, the Yale Law School hosted a panel to discuss the medical and legal connotations of the case.[9] Legal experts expect that, should the Supreme Court uphold Tennessee's law, access to many other forms of healthcare for both children and adults could also be impacted.[10][9][11][12][13] ACLU will be represented by the first openly transgender lawyer to argue before the Supreme Court, Chase Strangio. [14]
On November 21, 2024, it was discovered that four of the doctors that were testifying in favor of Tennessee's ban had previously been reprimanded by various courts across the country as "conspiratorial, deeply biased, far off and deserving very little weight" and three of which had never provided healthcare to transgender youth.[15][16]
Legal experts expect that after Donald Trump is sworn in as president, his administration will direct the United States Department of Justice to reverse their stance on the case and withdraw the government's request for the Supreme Court to hear the case.[17][15]
References
edit- ^ Howe, Amy (June 24, 2024). "Supreme Court takes up challenge to ban on gender-affirming care". SCOTUSblog. Retrieved June 24, 2024.
- ^ "Tennessee SB0001 | 2023-2024 | 113th General Assembly". LegiScan. Retrieved June 24, 2024.
- ^ a b "Justice Department Challenges Tennessee Law that Bans Critical, Medically Necessary Care for Transgender Youth" (Press release). United States Department of Justice. April 26, 2023. Retrieved June 24, 2024.
- ^ L. W. v. Skrmetti, 3:23-cv-00376 (M.D. Tenn. June 28, 2023).
- ^ a b "L. W. v. Skrmetti, No. 23-5600 (6th Cir. 2023)". Justia Law. Retrieved June 24, 2024.
- ^ "Petition for Writ of Certiorari in the case United States v. Skrmetti" (PDF). Supreme Court of the United States. November 2023.
- ^ Sherman, Mark (June 24, 2024). "Supreme Court will take up state bans on gender-affirming care for minors". AP News. Retrieved June 24, 2024.
- ^ Howe, Amy (October 18, 2024). "Supreme Court schedules transgender rights case for December". SCOTUSblog.
- ^ a b Lokanadham, Rohan (November 18, 2024). "Law School hosts panel on how United States v. Skrmetti puts transgender healthcare on the line". Yale News Daily.
- ^ Rummler, Orion (October 31, 2024). "How the Supreme Court case on trans youth could affect health care for all Americans". The 19th.
- ^ Carmon, Irin (November 27, 2024). "The Trans-Rights Showdown at the Supreme Court". New York Magazine.
- ^ Rummler, Orion (October 31, 2024). "Why This Supreme Court Case on Trans Health Care Is "Really Dangerous" for All Americans". Them.us.
- ^ Ring, Trudy (November 22, 2024). "What is U.S. v. Skrmetti, the Supreme Court case that could change gender-affirming care forever?". The Advocate.
- ^ https://www.usatoday.com/story/news/politics/2024/11/25/transgender-laywer-trans-care-bans-supreme-court/76476026007/
- ^ a b Levin, Sam (November 21, 2024). "Revealed: trans rights case at US supreme court features doctors previously discredited by judges". The Guardian.
- ^ Riedel, Samantha (November 22, 2024). "Slew of Discredited, Anti-Trans Doctors to Testify In Upcoming SCOTUS Case on Trans Health Care". Them.us.
- ^ Millhiser, Ian (November 15, 2024). "A GOP Supreme Court will now decide the fate of transgender Americans". Vox.