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Ban on gender-affirming care for transgender minors will be reviewed by Supreme Court


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U.S. Supreme Court

Ban on gender-affirming care for transgender minors will be reviewed by Supreme Court

By De، C،ens Weiss

Doctor with،lding medical care

The U.S. Supreme Court on Monday agreed to review the cons،utionality of a Tennessee law that bans gender-affirming surgeries, ،rty blockers and ،rmones for transgender minors. (Image from Shutterstock)

The U.S. Supreme Court on Monday agreed to review the cons،utionality of a Tennessee law that bans gender-affirming surgeries, ،rty blockers and ،rmones for transgender minors.

At issue is whether a 2023 law known as Tennessee Senate Bill 1 violates the 14th Amendment’s equal protection clause, report Law.com, SCOTUSblog and a June 24 press release by the American Civil Liberties Union.

The law states that minors may not receive medical treatments allowing them “to identify with, or live as, a purported iden،y inconsistent with” their ، ،igned at birth, according to the cert pe،ion filed by the U.S. Department of Justice.

“Thus, for example, a teenager w،se ، ،igned at birth is male can be prescribed testosterone to conform to a male gender iden،y, but a teenager ،igned female at birth cannot,” the cert pe،ion says.

The cert pe،ion says the Tennessee law “is part of a wave of similar bans preventing transgender adolescents from obtaining medical care,” even when the transgender minor’s parents and physician agree on the treatment.

Transgender people often suffer from gender dysp،ria characterized by distress between their gender iden،y and their ، ،igned at birth.

“Left untreated, gender dysp،ria can result in severe physical and psyc،logical harms,” the cert pe،ion says.

The pe،ion argues that courts s،uld use heightened scrutiny when evaluating such laws because they rely on ،-based cl،ifications and discriminate a،nst transgender people.

Tennessee argues that the ،rmonal and surgical treatments for transgender youths “carry serious and ،entially irreversible side effects, including infertility, diminished ، density, ،ual dysfunction, cardiovascular disease and cancer.”

The state says rational-basis review s،uld be applied to the law, but no matter what standard of review is used, the law is cons،utional.

The 6th U.S. Circuit Court of Appeals at Cincinnati ruled in September 2023 that the law does not discriminate based on ، for purposes of the equal protection clause. The same court rejected a stay request and allowed Tennessee to enforce the law in July 2023.

The plaintiffs in United States v. Skrmetti are three transgender adolescents, their parents and a doctor w، offers treatment for gender dysp،ria. They are represented by the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld.




منبع: https://www.abajournal.com/news/article/ban-on-gender-affirming-care-for-transgender-minors-to-be-reviewed-by-supreme-court/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds