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TN awaits decision in case on gender-affirming care for trans youth


TN awaits decision in case on gender-affirming care for trans youth

A Supreme Court decision in U.S. v. Skrmetti, challenging Tennessee's ban on gender-affirming care for minors, is expected by mid-2025.

Since 2021, 24 states have enacted categorical bans on gender-affirming medical care.

Lucas Cameron-Vaughn, staff attorney for the ACLU of Tennessee, said the initial lawsuit is on behalf of Samantha and Brian Williams of Nashville and their 16-year-old transgender daughter, as well as two other plaintiff families filing anonymously, and a Memphis-based physician. They are anticipating the decision, which is expected next year.

"This is the first case to look at whether the equal-protection clause of the U.S. Constitution protects transgender people, in this case, transgender youths," Cameron-Vaughn explained. "And whether or not it is constitutional that the state of Tennessee passed a ban on health care for transgender youths."

The ACLU reported more than 100,000 transgender minors live in states with bans on their health care. Tennessee Attorney General Jonathan Skrmetti stated they were defending Tennessee's law safeguarding children from irreversible and unverified gender transition procedures. Tennessee argued its ban does not discriminate based on sex.

Cameron-Vaughn pointed out the broader implications of the case will depend on the justices' ruling but it could influence whether states such as Tennessee can pass sex-based laws, such as those banning IVF or birth control, and whether such laws will be seriously reviewed by courts. He argued some recently passed laws negatively target transgender youths.

"It's important for Tennesseans to understand that the Legislature, over the past few years, has passed lots of laws directed at transgender young people," Cameron-Vaughn emphasized. "It is really affecting them and their mental health."

With the new administration, Cameron-Vaughn noted politicians made many claims about gender-affirming care during the campaign. Whether the claims will materialize is uncertain. He added the ACLU is prepared to continue to advocate for Tennessee's gender-affirming care and will fight to protect rights and block further such legislation.

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