WASHINGTON, DC - JUNE 15: Joseph Fons holding a Pride Flag in front of the U.S. Supreme Court building after the court ruled that LGBTQ people can not be disciplined or fired based on their sexual orientation, Washington, DC, June 15, 2020. With Chief Justice John Roberts and Justice Neil Gorsuch joining the Democratic appointees, the court ruled 6-3 that the Civil Rights Act of 1964 bans bias based on sexual orientation or gender identity. Fons is wearing a Black Lives Matter mask with the words 'I Can't Breathe', as a precaution against Covid-19. (Photo by Chip Somodevilla/Getty Images)
The Supreme Court will determine if states can ban gender-affirming care for minors in the fall.
The Biden administration challenged a Tennessee law that prohibits transgender minors from receiving hormone therapy or puberty blockers, as well as imposing penalties on doctors who provide these services.
The law explicitly prohibits medical providers from performing procedures that allow a minor to identify with a sexual identity that differs from their birth sex. Additionally, they cannot treat any discomfort that arises from the difference in a minor’s birth sex and identity.
This law was passed last year and is similar to numerous other state’s bans on transgender care for minors. According to the Human Rights Campaign (HRC), nearly half of the states have enacted similar prohibitions on this care. The HRC also reported that 39% of transgender youth live in states that have bans on transgender care.
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Over the past year, numerous state courts have permitted this type of ban. The 6th US Circuit Court of Appeals in Cincinnati reversed a decision made by a lower court, which allowed the ban to take place.
The Human Rights Campaign president Kelley Robinson said in a statement that transgender youth deserve access to the type of care that is being banned.
“It’s simple: Everyone deserves access to the medical care that they need, and transgender and non-binary young people are no exception,” Robinson said. “No politician should be able to interfere in decisions that are best made between families and doctors, particularly when that care is necessary and best practice.”
The House recently passed a Defense bill that restricted funds for gender-affirming care.
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