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.
Yeshiva University announced that it had reached a settlement with an LGBTQ student-run club that the university, for years, had refused to recognize as an official campus organization.
In the surprise move, the Orthodox Jewish educational institution said that it would end litigation related to its refusal to recognize the group, which it initially claimed was due to religious objections.
As part of the settlement, the club -- formerly known as the Yeshiva University Pride Alliance -- would be renamed "Hareni" and would be allowed to operate with the same rights and privileges guaranteed to other student groups.
U.S. Rep. Sarah McBride (D-Del.), the first openly transgender person ever elected to Congress, has reportedly cautioned Democrats about the need to foster conversations when it comes to engaging with those who have reservations about certain issues like transgender participation in sports.
"We have to create more space in our tent," McBride told NOTUS about how Democrats should approach people with reservations or genuine questions about transgender inclusion. "If, for instance, we want to have a majoritarian coalition -- not just electorally, but specifically on issues around trans rights -- that, by necessity, is going to have to include people who have a range of thoughts.
Republicans in nine states are calling for the overturn of marriage equality.
In Idaho, Michigan, Montana, North Dakota, and South Dakota, lawmakers have introduced resolutions demanding the U.S. Supreme Court reverse its landmark 2015 decision in Obergefell v. Hodges, in which the court struck down all existing state-level same-sex marriage bans.
Last month, the Idaho House of Representatives voted 46-24 to approve one such resolution, asking the nation's highest court to "restore the natural definition of marriage, a union of one man and one woman."
While the resolution is non-binding and doesn't require the Supreme Court to take action, Republican lawmakers see it as a "messaging" bill that expresses their extreme displeasure with same-sex marriage.
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