United States v. Skrmetti - Updates from December 4, 2024 Oral Argument

By: Liliana Triviski

On Wednesday, December 4th, the Supreme Court heard arguments on the harms that Tennessee's ban on gender-affirming care has on Transgender youth. Tennessee had barred transitional surgeries and hormonal therapy for minors. The initial lawsuit was proposed by the ACLU when three families and a Physician were affected by the ban. The family's children were restricted from expressing their true sexual identity and doctors were not able to prescribe or administer treatments (2023 Tennessee Code). The plaintiff's argument was based on that the ban violated the Equal Protection clause of the 14th Amendment (ACLU). This SCOTUS hearing is historical due to only one other case on transgender safety and health and could determine the future of Transgender and LGBTQIA+ people (Liptak et al.). 

The Supreme Court's only other case deciding on transgender rights,  Bostock v. Clayton County was decided in October 2020. The case protected gay and transgender workers from being discriminated against. Previously, employers were able to fire them for being gay and transgender (Liptak, “Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules”). However, Justice Neil M. Gorsuch, who wrote the majority opinion on Bostock v. Clayton Country did not contribute to the conversation. This makes the prediction on how the court will rule uncertain. The difference between the two cases is how they will be ruled. Bostock v. Clayton County was a matter of the Civil Rights Act and United States v. Skrmetti is being decided on the Equal Protection clause. The preceding case will be unhelpful in the decision because of the differing grounds. 

Chief Justice John G. Roberts Jr. said United States v. Skrmetti should be left to the House of Representatives rather than the Court due to the case's science being controversial (“United States v. Skrmetti Oral Argument Transcript”, 92). They instead focused on whether or not the law held gender discrimination and parental rights in their discussion. United States v. Skrmetti was previously decided on by a Cincinnati appeals court; they claimed that the ban was a reasonable response to scientific evidence. An ACLU Lawyer and the Biden administration solicitor general argued that the case should be re-decided under the appeals court under increased scrutiny while a Tennessee lawyer argued why Tennessee should uphold the ban. 

The Supreme Court will not find a conclusion until June and because of the coming Trump administration, the fate of this case may be affected. The Biden administration took the side of the plaintiff and Trump is expected to flip positions. This could cement the decision of the case being upheld (Liptak, “What Happens to the Supreme Court Transgender Case under the Trump Administration?”).

With many uncertainties in the decision of United States v. Skrmetti, it is hard to predict the outcome. This case could completely change what being transgender is in the United States. The outcome will have the power to restrict the freedoms and rights of transgender people (Harmon). 

Sources:

“2023 Tennessee Code :: Title 68 - HEALTH, SAFETY and ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) :: HEALTH (§§ 68-1-NEW — 68-6-201) :: Chapter 33 - [HEALTH and WELFARE of MINORS] (§§ 68-33-NEW — 68-33-109) :: Section 68-33-103 - Prohibitions.” Justia Law, 2023, law.justia.com/codes/tennessee/title-68/health/chapter-33/section-68-33-103/. Accessed 4 Dec. 2024.

ACLU. “Supreme Court Adjourns Oral Arguments in Historic Transgender Rights Hearing | American Civil Liberties Union.” American Civil Liberties Union, 4 Dec. 2024, www.aclu.org/press-releases/supreme-court-adjourns-oral-arguments-in-historic-transgender-rights-hearing. Accessed 4 Dec. 2024.

Harmon, Amy. “Supreme Court Decision Could Affect Other Trans Rights Cases.” The New York Times, 4 Dec. 2024, www.nytimes.com/2024/12/04/us/trans-rights-cases.html.

Liptak, Adam. “Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules.” The New York Times, 15 June 2020, www.nytimes.com/2020/06/15/us/gay-transgender-workers-supreme-court.html.

---. “Supreme Court Hears Arguments in Transgender Care Case: Live Updates.” The New York Times, 4 Dec. 2024, www.nytimes.com/live/2024/12/04/us/supreme-court-transgender-care#trans-rights-cases.

---. “What Happens to the Supreme Court Transgender Case under the Trump Administration?” The New York Times, 4 Dec. 2024, www.nytimes.com/2024/12/04/us/trump-supreme-court-transgender-rights.html.

“United States v. Skrmetti Oral Argument Transcript.” 4 Dec. 2024.https://www.supremecourt.gov/oral_arguments/argument_transcripts/2024/23-477_2c8f.pdf.

Image Source:

https://www.aclu.org/news/lgbtq-rights/the-supreme-court-case-on-trans-health-care-explained