Responding to Skrmetti
On June 18, the ACLU & Lambda Legal issued a joint statement responding to the Supreme Court’s U.S. v. Skrmetti decision. In this case three adolescents, their families, and a provider challenged SB1, Tennessee’s ban on gender-affirming hormone therapies for transgender youth:
The Court agreed with parts of the Sixth Circuit’s opinion that allowed the law to take effect, holding that Tennessee’s SB1 does not draw a sex-based (or a trans status-based) line and thus only necessitates deferential review by the courts. That means SB1 can remain in effect. Notably, however, the decision is based on the record in and context of the Tennessee case and therefore does not extend to other cases concerning discrimination based on transgender status.
“Today’s ruling is a devastating loss for transgender people, our families, and everyone who cares about the Constitution,” said Chase Strangio, Co-Director of the ACLU’s LGBTQ & HIV Project. “Though this is a painful setback, it does not mean that transgender people and our allies are left with no options to defend our freedom, our health care, or our lives. The Court left undisturbed Supreme Court and lower court precedent that other examples of discrimination against transgender people are unlawful. We are as determined as ever to fight for the dignity and equality of every transgender person and we will continue to do so with defiant strength, a restless resolve, and a lasting commitment to our families, our communities, and the freedom we all deserve.”
[S]aid Sasha Buchert, Counsel and Director of the Nonbinary and Transgender Rights Project at Lambda Legal. “. . .Make no mistake, gender-affirming care is often life-saving care, and all major medical associations have determined it to be safe, appropriate, and effective. This is a sad day, and the implications will reverberate for years and across the country, but it does not shake our resolve to continue fighting.”
From the Movement Advancement Project: “Bans on best-practice medical care represent one of the most extreme and coordinated political attacks on transgender people in recent years,” and maintains an equality map for transgender youth care: https://www.lgbtmap.org/equality-maps/healthcare/youth_medical_care_bans
Thank you to Co-Editor Shirley Lin for this contribution to the HRAH Law Profs Blog.
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