WASHINGTON (AP) — The Supreme Court on Wednesday upheld Tennessee’s ban on gender-affirming care for transgender minors, a stunning setback to transgender rights.
The justices’ 6-3 decision in a case from Tennessee effectively protects from legal challenges many efforts by President Donald Trump’s Republican administration and state governments to roll back protections for transgender people. Another 26 states have laws similar to the one in Tennessee — including Georgia, which banned most medical treatments that help transgender kids affirm their gender identity in 2023.
Chief Justice John Roberts wrote for a conservative majority that the law does not violate the Constitution’s equal protection clause, which requires the government to treat similarly situated people the same.
“This case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field. The voices in these debates raise sincere concerns; the implications for all are profound,” Roberts wrote. “The Equal Protection Clause does not resolve these disagreements. Nor does it afford us license to decide them as we see best.”
In a dissent for the court’s three liberal justices that she summarized aloud in the courtroom, Justice Sonia Sotomayor wrote, “By retreating from meaningful judicial review exactly where it matters most, the court abandons transgender children and their families to political whims. In sadness, I dissent.”
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