Supreme Court justices appear skeptical of Tennessee law that bans gender-affirming care for minors

Supreme Court justices on Wednesday appeared to be skeptical of oral arguments against Tennessee's law that bans gender-affirming care for minors.

Some of the justices raised questions about the long-term side effects of gender-affirming care, specifically for minors and how authorities in Europe have pushed back on some of the treatments.

"It strikes me as a pretty heavy yellow light, if not red light, for this court to come in, the nine of us, and to constitutionalize the whole area, when the rest of the world, or at least the people who the countries that have been at the forefront of this, are pumping the brakes on this kind of treatment," Justice Brett Kavanaugh said, according to NBC News.

Chief Justice John Roberts said the judges are "not the best situated to address issues like that" with medical opinions.

An attorney in front of the U.S. Supreme Court on Wednesday argued against the law, stating that the law would prevent minors who need these treatments access. 

"The problem with Tennessee's law here is that it's not just a little bit over inclusive or a little bit under inclusive, but that it's a sweeping categorial ban where the legislature didn't even take into account the significant health benefits that come from providing gender-affirming care," she said during oral arguments.  

She said that some of the benefits include reduction of suicidal tendencies.

The justices questioned the law, with Justice Clarence Thomas clarifying that this ban would only affect minors. 

"Much of the latter part of your opening statement seemed to suggest that there's an outright ban on this treatment but that's not the case," Thomas said to the lawyer arguing against the law. "It's really for minors. So why isn't this simply a case of age classification when it comes to these treatments?"

The attorney argued that the precedent the law sets would eventually allow transgender surgeries to even be banned for adults. 

"I acknowledge that the state so far has not banned this care for adults, although I think that the arguments it's making that this isn't a sex baseline in the first place would equally apply in that context," she answered Thomas. 

Three children that identify as transgender and their parents are challenging the law, in the case, United States v. Skrmetti, according to NPR.

The bill bans such care, which also includes hormone therapy, for residents younger than 18 attempting to switch genders. 

"You can't get a tattoo in Tennessee unless you're 18. You can't smoke. You can't drink," says state Sen. Jack Johnson, who introduced the measure. 

He also says the law prevents minors from making decisions that they will regret later.

Tennessee Attorney General Jonathan Skrmetti says lawmakers took “measured action” in 2023 when they prohibited gender affirming care for minors to protect them from “irreversible, unproven medical procedures.” But plaintiff attorneys argue the law violates the Constitution’s equal protection clause.