Democrats and Republicans urge Supreme Court to stop gender-affirming care ban in Tennessee
September 5, 2024Yesterday, approximately 200 Democrats and Republicans submitted amicus briefs urging the Supreme Court to support trans rights in the forthcoming L.W. v. Skrmetti case, which challenges Tennessee’s prohibition on gender-affirming care for trans youth. This marks the first case of its kind to be heard by the Supreme Court, according to ‘LGBTQ Nation’.
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“The government does play a role in ensuring children's safety, but that role is limited and cannot justify the State's interference with the decisions of parents who are acting in good faith and understand what their children need,” the Republican signatories asserted in their brief. “States should not overrule decisions made by competent parents concerning their children's informed medical choices, especially when these are backed by their doctors, the broader medical community, the children themselves, and their conscience.”
The Republican brief garnered support from several former and current Republican politicians and distinguished officials, including Kentucky state Rep. Kim Banta; former U.S.A. Reps. Barbara Comstock (R-VA), Denver Riggleman (R-VA), and Deborah Price (R-OH); former Republican National Committee National Press Secretary Kirsten Kukowski; Republican campaign manager Colin Reed; and the late Sen. John McCain’s chief of staff and advisor, Mark Salter. Former Rep. Ilena Ros-Lehtinen (R-FL), mother of Advocates for Trans Equality executive director Rodrigo Heng-Lehtinen, also signed.
“It is crucial that we unite as Republicans, conservatives, parents, and advocates to support individual liberties, non-discrimination protections, and uphold limited government alongside parental rights,” Ros-Lehtinen told NBC News.
The Republican lawmakers based their argument on parental rights, maintaining that the government should not interfere with private medical decisions made by families of transgender youths. They referenced previous legislation and the Constitution to argue that government interference in medical decisions violates parental rights and likens it to the state taking on the role of these children's caretakers. This stands out since Republicans often cite parental rights when opposing transgender equality.
The brief argues, “Although the State might wish to override certain parental choices regarding child care, the authority they seek would open Pandora's box.” They use their stance on parental rights to also argue against trans rights, referencing policies in Maine and California that permit trans children to access hormone replacement therapy without parental consent under certain medical conditions or allow them to speak with school staff without informing their parents, as other forms of state interference with parental rights.
Furthermore, they assert that such policies could justify other forms of state intervention, like deciding what food children may consume. They argue that Tennessee’s ban on gender-affirming care violates the Equal Protection Clause.
A total of 164 Democratic legislators signed their brief, comprising 11 U.S. senators and 153 U.S. House of Representatives members, emphasising the discriminatory nature of Tennessee's ban on gender-affirming care.
“The recent wave of bills targeting transgender individuals is simply the latest form of discrimination they face,” they wrote. “Lower courts have documented the ‘widespread private opprobrium and governmental discrimination’ experienced by transgender people. But we, as amici, believe this must end. Tennessee has no ‘legitimate legislative goal but to render [transgender adolescents] unequal to others. This [Tennessee] cannot do.’—the Court should reverse.”
The brief included figures like Rep. Nancy Pelosi (D-CA), Sen. Bernie Sanders (I-VT), Sen. Elizabeth Warren (D-MA), Sen. Ed Markey (D-MA), Sen. Jeff Merkley (D-OR), Rep. Mark Pocan (D-WI), and Rep. Frank Pallone (D-NJ), among others.
They further argued that hostility towards trans people significantly influenced the passage of Tennessee’s bill, highlighting Tennessee as a “hotbed” for such hostility, with nearly double the number of anti-LGBTQ+ laws compared to other states. They cited inflammatory rhetoric from Tennessee politicians.
Central to this brief is the consensus among medical professionals that gender-affirming care is safe, medically necessary, and endorsed by numerous reputable organisations in the U.S.A. and worldwide. They argue that Tennessee is discriminating against transgender individuals by preventing their access to essential and effective healthcare.
Both the American Civil Liberties Union and the Human Rights Campaign supported the brief.
“Thank you to the many members of Congress for standing in solidarity with transgender and nonbinary youth across the nation, urging the Supreme Court to declare bans on lifesaving gender-affirming care unconstitutional,” said David Stacy, vice president of government affairs for HRC.
“The government should not intervene in decisions best made between families and doctors, especially when that care is necessary and considered best practice. These bans are dangerous, motivated solely by anti-transgender bias, and have compelled families to make heartbreaking choices to support their children.”
L.W. vs. Skrmetti involves a Nashville family and their transgender daughter, who faced care restrictions due to Tennessee's 2023 gender-affirming care ban, Public Chapter No. 1. The American Civil Liberties Union assisted in representing the family, and the case previously reached a federal court, which blocked the ban. However, an appeals court ruled in favour of the state, prompting the ACLU to appeal to the Supreme Court. SCOTUS confirmed they would hear the case this June.
House Judiciary Committee Ranking Member Jerrold Nadler stated: “Tennessee’s discriminatory ban on transgender minors’ access to essential healthcare is part of a broader nationwide effort to demonize trans people for political gain.”
“Transgender individuals have the right to the same healthcare access as everyone else. There is no constitutional basis for removing the decision to seek medical care from families with transgender children and their doctors, handing it instead to politicians at the state capitol. I trust parents, not politicians, to determine what is best for their transgender children.”
Read related myGwork articles here:
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Tennessee ordered to give $500k to LGBTQ+ groups over blocked Pride
Nashville, U.S. Elects Tennessee’s First Openly Trans Politician
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