The Supreme Court of the United States (SCOTUS) has upheld Tennessee’s ban on gender-affirming care for transgender minors in a 6–3 decision in United States v. Skrmetti.
The Court’s majority avoided addressing whether anti-trans laws violate the Equal Protection Clause or if transgender people constitute a protected class.
Instead, it ruled narrowly, allowing bans based on gender dysphoria, gender identity disorder or gender incongruence, and distinguishing this from discrimination against transgender identity—creating what critics call a legal loophole for discrimination.
The dissent, led by Justice Sotomayor, sharply criticized the majority’s rationale, arguing that the Tennessee law clearly discriminates based on both sex and transgender status.
She noted that the law allows puberty-related treatments for cisgender adolescents but not for transgender youth, despite using identical medications.
In other words: The logic is that since both cis and trans people can suffer from gender dysphoria (which is not true), the ban is not discriminatory.
But to the extent cis children do suffer from something similar to gender dysphoria (as caused, for instance, by hormonal imbalances leading to body hair growth in girls and breast growth in boys), the treatment of such “dysphoria” is not banned.
The hypocrisy is mind-boggling.
Sotomayor compares this rationale to that used in Loving v. Virginia, a ruling which struck down laws against interracial marriage:
“But nearly every discriminatory law is susceptible to a similarly race- or sex-neutral characterization. A prohibition on interracial marriage, for example, allows no person to marry someone outside of her race, while allowing persons of any race to marry within their race….
Although the ruling only affects medical care, it sets a worrying precedent for future legislation targeting trans rights. Some justices indicated they’d support even broader rollbacks. Still, other court decisions protecting trans rights in areas like passports, education, and funding remain intact—for now.