Rulings on transgender issues in various sectors, including sports and documentation, as well as in the Supreme Court, face potential restrictions.
In a landmark decision, the U.S. Supreme Court has upheld Tennessee's ban on gender-affirming care for transgender minors, a ruling that has sparked a wave of related transgender rights cases. These cases are pending or being considered for review, focusing on issues such as sports, health insurance, and birth certificates.
The Supreme Court's decision in U.S. v. Skrmetti, which applied deferential review to Tennessee's law, has made it harder for litigants to fight back against similar laws. However, transgender advocates and legal organizations like the ACLU and Lambda Legal emphasize that the ruling leaves open other avenues to fight discrimination, and that the Supreme Court's decision applies narrowly to the gender-affirming care ban in Tennessee.
One of the key cases pending before the Supreme Court is Kennedy v. Braidwood, which challenges discriminatory religious exemptions that could undermine access to essential health services covered under the Affordable Care Act, including HIV prevention medications and other treatments. The outcome could impact transgender people’s access to health insurance coverage beyond gender-affirming care.
Another significant case is Mahmoud v. Taylor, which examines whether having LGBTQ+ inclusive books in public schools without a parental notice-and-opt-out option violates religious freedom rights. The decision could affect educational access and inclusion for transgender youth and other LGBTQ+ students.
The high court is also considering reviewing an appeal over a challenge to a Kentucky law similar to the Tennessee ban, and the justices are juggling appeals that deal with health insurance plans that deny coverage for gender-affirming care and an executive order signed by the governor of Oklahoma that bars the state health department from allowing anyone to alter the sex or gender on their birth certificate.
The Supreme Court's conservative supermajority has upheld Tennessee's ban on gender-affirming care for transgender minors, delivering a significant legal setback for trans youth and their advocates. However, the Skrmetti decision did not help resolve challenges to anti-trans sports bans, which turn more directly on sex, and the Skrmetti decision was limited to questions about health care, leaving other key legal issues for the trans community unresolved.
The justices' decision on whether to take up any of the cases for their next session is no small thing, as the court has been reluctant in recent years to consider the extent to which the Constitution or other federal laws provide protection to transgender Americans. Updates on these cases will be provided as new case details or rulings emerge.
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