06/19/2025
Yesterday, SCOTUS delivered a landmark decision effecting gender transition for minors. The 6-3 decision upheld a Tennessee law banning healthcare providers from prescribing puberty blockers, hormones, or surgery to minors to treat gender dysphoria or gender incongruency. The Law permits use of these medications for other medical purposes, such as treating precocious puberty.
In so doing, SCOTUS held that this law does not violate the Equal Protection Clause because it classifies based on age and medical use, not s*x or transgender status. SCOTUS reasoned that contrary to discrimination, the purpose of the law was to protect minors, who are unable to consent, from risks of irreversible sterility and psychological consequences.
GREATER SIGNIFICANCE. Currently, over 20 states have bans on gender-affirming care, sports team restrictions, or birth certificate changes, and Trump recently promised to end "transgender lunacy" including executive orders on nonbinary passport markers. This decision may encourage other states to enact similar bans and a decision either way would have wider implications for sports teams or bathroom access. Notably, Barrett also suggested that transgender status may not receive protections akin to race or s*x, which could affect all ages.