Ann Marimow
The Supreme Court appeared deeply divided along ideological lines Wednesday in a historic case involving gender transition care for transgender minors, with key conservative justices expressing concern about courts intervening in an evolving nationwide debate over access to treatments for young people.
A majority of justices seemed likely to uphold a lower-court decision that allows Tennessee to ban young people from using hormones and puberty blockers for gender transition care that most leading medical organizations say are safe and effective, but that the state characterizes as risky and unproven. The high court’s ruling will have implications for the thousands of transgender young people who live in one of 23 other states that have banned similar treatments in recent years.
Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh repeatedly suggested that medical policies involving gender transition care for minors should be left to the states.
“There are risks both ways,” Kavanaugh said of the outcomes for transgender minors in states that have banned or permitted such care. “Why isn’t that a choice for policymakers?”
Roberts suggested that the court should “leave this to the medical community” because of conflicting reports about the health treatments.
Justice Neil M. Gorsuch, who authored the court’s first major decision protecting gay and transgender employees from workplace discrimination in 2020, asked no questions. And another conservative justice, Amy Coney Barrett, suggested that the Tennessee law could still be challenged at a later date based on different arguments not before the court Wednesday.
The court’s three liberal justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — were united in their skepticism of Tennessee’s defense of its law. They expressed agreement with the Biden administration and the American Civil Liberties Union that the ban discriminates based on sex because it allows minors who are not transgender to use the same medical treatments for other purposes.
Kagan told the state’s lawyer that Tennessee’s ban is “utterly and entirely about sex.” She suggested that the state’s purpose for passing the ban was not based on medical concerns, but instead about wanting “boys to be boys and girls to be girls.”
In a sign of the significance of the case, the court’s argument lasted more than two hours and touched on issues involving transgender athletes, access to bathrooms and interracial marriage.