As Supreme Court Case Looms, 164 US Lawmakers Defend Trans Youth

As LGBTQ+ rights advocates prepare for oral arguments in a U.S. Supreme Court case about bans on gender-affirming healthcare for trans youth, 164 members of Congress on Tuesday urged the justices to strike down Tennessee's 2023 law.

Tennessee is one of over two dozen states that has recently banned some or all of such care for trans minors, according to the Movement Advancement Project. In response to challenges from advocacy groups and the Biden administration, the right-wing high court agreed to take the case in June.

Arguments in United States v. Skrmetti are expected in the fall. The justices will decide whether Tennessee Senate Bill 1—which bans surgery, puberty blockers, and hormone treatment for trans youth—violates the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.

Congressional Democrats' new "friend of the court" brief argues that the court "should be highly skeptical of legislation banning safe and effective therapies that comport with the standard of care," and "should carefully examine the deeply troubling role that animosity towards transgender people has played in state legislation."

"The law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists."

The amicus brief is led by House Judiciary Committee Ranking Member Jerry Nadler (D-N.Y.), Congressional Equality Caucus Chair Mark Pocan (D-Wis.), Rep. Frank Pallone Jr. (D-N.J.), Sen. Jeff Merkley (D-Ore.), and Senate Health, Education, Labor, and Pensions (HELP) Subcommittee on Primary Health and Retirement Chair Ed Markey (D-Mass.).

"For years, far-right Republicans have been leading constant, relentless, and escalating attacks on transgender Americans," Markey said in a statement. "Their age-old, discriminatory playbook now threatens access to lifesaving, gender-affirming care for more than 100,000 transgender and nonbinary children living in states with these bans if the Supreme Court upholds laws like Tennessee's at the heart of Skrmetti that are fueled by ignorance and hate."

"It takes a special type of cruelty to target children for who they are," he continued. "I am proud to stand with my colleagues against dangerous, transphobic attacks and to reaffirm that our nation's commitment should be to equality and justice for all."

Pocan emphasized that "decisions about healthcare belong to patients, their doctors, and their families—not politicians."

"The law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists," he added. "We strongly urge the Supreme Court to uphold the Constitution's promise of equal protection under the law and strike down Tennessee's harmful ban."

The brief is co-signed by another 150 Democrats in the House of Representatives, eight other Democratic senators, and Sen. Bernie Sanders (I-Vt.), who caucuses with the party. It is also supported by the ACLU and the Human Rights Campaign (HRC).

"Thank you to the many members of Congress for standing with transgender and nonbinary youth across our country in asking the Supreme Court to find bans on lifesaving gender-affirming care to be unconstitutional," said HRC vice president of government affairs David Stacy.

"The government should not be able to interfere in decisions that are best made between families and doctors, particularly when that care is necessary and best practice," Stacy stressed. "These bans are dangerous, animated purely by anti-transgender bias, and have forced families to make heartbreaking decisions to support their children."