The U.S. Supreme Court has granted a petition for divided argument in U.S. v. Skrmetti, the federal challenge to Tennessee’s law prohibiting doctors from prescribing treatments for gender dysphoria to transgender youth.
The court previously agreed in June to take up the case, as well as its companion case, L.W. v. Skrmetti, during the 2024-2025 court session.
The outcome of the case will likely determine the fate of similar laws in 23 other states, where Republican lawmakers have sought to criminalize the provision of gender-affirming care, like puberty blockers or hormones, to transgender youth to help them transition and assuage their feelings of gender dysphoria.
Two other states — Arizona and New Hampshire — have only banned surgical interventions on minors. Oral arguments in the case have been set for December 4, 2024.
A federal judge initially blocked the law from taking effect, but Tennessee appealed the ruling and asked that it be reversed. The 6th U.S. Circuit Court of Appeals subsequently lifted that injunction, thereby allowing the law to take effect. A few months later, the 6th Circuit rejected a separate request seeking to block enforcement of the law.
The Justice Department intervened, asking the U.S. Supreme Court to review the 6th Circuit’s rationale for the decision, in hopes of reversing it.
The plaintiffs in the original L.W. v. Skrmetti lawsuit challenging the ban — three families with transgender children and a Memphis-based doctor — are being represented by a coalition of legal organizations and firms, including Lambda Legal, the AmericanCivilLibertiesUnion, the ACLU of Tennessee, and Akin Gump Strauss Hauer & Feld LLP.
Lawyers for the plaintiffs recently petitioned the court for divided argument, enabling them to split time with the U.S. Department of Justice in arguing for the ban to be overturned. On October 21, the court granted that request.
As a result, Chase Strangio, the co-director of the ACLU’s LGBTQ & HIV Project, will now appear before the high court to argue for overturning the Tennessee ban — and others like it — on behalf of his clients, with those arguments becoming part of the case’s official record.
Strangio’s appearance will make him the first out transgender person to argue a case before the prestigious legal body.
Strangio is the leading U.S. legal expert on transgender rights, ACLU Legal Director Cecillia Wang told Reuters.
“He brings to the lectern not only brilliant constitutional lawyering, but also the tenacity and heart of a civil rights champion,” Wang said.
A Maryland judge has ordered the Montgomery County Board of Education to pay $1.5 million to parents who sued the school system over its refusal to allow opt-outs from lessons involving LGBTQ-themed books.
The U.S. Supreme Court ruled last year that the county violated the religious freedom and parental rights of three families of elementary school students -- one Muslim, one Catholic, and one Ukrainian Orthodox -- who objected to being denied an opt-out from lessons using LGBTQ-themed books.
According to attorneys for the families in the case, Mahmoud v. Taylor, they objected to books that allegedly promoted "gender transitioning, Pride parades, and pronoun preferences to children as young as three or four years old."
The office of New York Attorney General Letitia James has ordered NYU Langone Health to resume providing puberty blockers and hormone treatments to transgender youth following the closure of its Transgender Youth Health Program.
NYU Langone Health shut down the clinic providing gender-affirming care to transgender minors last month, citing "the current regulatory environment" as one of several reasons for the move.
The decision came just months after the Trump administration moved to adopt regulations that would bar Medicaid funds from covering transition-related treatments for people under 19 and threatened to yank federal funding from hospitals that provide such treatments to minors. Those regulations have not yet been finalized and remain in the federal rulemaking process.
Mental health providers licensed in Texas are barred from offering therapy that could be interpreted as assisting minors in transitioning, according to a legal opinion from Texas Attorney General Ken Paxton.
In the February 27 opinion, Paxton responded to an inquiry from Darrel Spinks, executive director of the Texas Behavioral Health Executive Council, about whether a 2023 law applies to licensed therapists and counselors.
The law, Senate Bill 14, bans health care providers from providing or facilitating treatments for minors -- including puberty blockers, hormones, or surgical interventions -- intended to help them medically transition. It also prohibits public funds, including Medicaid, from covering the cost of transition-related care.
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