SCOTUS rules on state ban on gender transition 'treatments' for minors in landmark case

Tennessee law banning gender-transition treatments for minors faces Supreme Court scrutiny as justices weigh constitutional questions about transgender healthcare restrictions.

At issue in the case, United States v. Skrmetti, is whether the equal protection clause prohibits states from allowing medical providers to deliver puberty blockers and hormones to facilitate a minor's transition to another sex. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

That law in question prohibits states from allowing medical providers to deliver puberty blockers and hormones to facilitate a minor's transition to another sex.

It also targets healthcare providers in the state who continue to provide such procedures to gender-dysphoric minors – opening these providers up to fines, lawsuits and other liability. 

The court's ruling comes after many other states have moved to ban or restrict medical treatments and procedures for transgender adolescents, drawing close attention to the case. During the oral arguments, justices on the Supreme Court appeared reluctant to overturn Senate Bill 1, with Chief Justice Roberts and Justice Brett Kavanaugh suggesting that state legislatures, rather than courts, are best equipped to regulate medical procedures. 

The Constitution leaves such questions "to the people's representatives," Roberts said, rather than to nine justices on the Supreme Court, "none of whom is a doctor." 

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Some on the left have called for an end to trans inclusion efforts (Mark Kerrison/In Pictures via Getty Images)

However, the Trump administration notified the Supreme Court in February that the government would be changing its stance on the constitutionality of the law, saying the Tennessee law does not violate the equal protection clause. 

Also at issue was the level of scrutiny that courts should use to evaluate the constitutionality of state bans on transgender medical treatment for minors, such as SB1, and whether these laws are considered discriminating on the basis of sex or against a "quasi-suspect class," thus warranting a higher level of scrutiny under the Equal Protection Clause of the Constitution

That was another focus of the oral arguments in December, as petitioners and respondents battled for more than two hours over the level of scrutiny that the court should apply in reviewing laws involving transgender care for minors, including SB1. 

Tennessee argued then that its law can still withstand even the test of heightened scrutiny, contending in a court brief that it does have "compelling interests" to protect the health and safety of minors in the state and "in protecting the integrity and ethics of the medical profession."

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President Donald Trump signed an executive order, titled "Keeping Men Out of Women's Sports," on National Girls and Women in Sports Day. (Getty Images)

The high court's decision comes at a time when transgender rights are a hotly contested topic. 

President Donald Trump cracked down on the issue almost immediately after being sworn in to his second White House term in January.

Just weeks after his inauguration, Trump signed an executive order preventing biological men from competing in women's sports.

The order, titled "Keeping Men Out of Women's Sports," was signed on National Girls and Women in Sports Day. It prohibits schools and colleges that receive federal funds and are subject to Title IX from allowing transgender-identifying biological men onto women's sports teams and into women's locker rooms and restrooms. 

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If such institutions fail to comply with the order, they could become subject to investigations and lose federal funds.

The Trump administration's policies on transgender rights have inevitably become the targets of legal challenges launched by advocacy groups, medical organizations and individuals who claim they are discriminatory. 

This is a breaking news story. Check back for updates.

Haley Chi-Sing is a politics writer for Fox News Digital. You can reach her at @haleychising on X.

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