Trans advocates say Supreme Court case over youth medical bans ‘continues’ despite Trump reversal

Trans rights advocates say the Supreme Court should still decide if state medical bans on transgender youth are lawful despite the incoming Trump administration’s likely reversal of the federal government’s position on the subject.

Under the Biden administration, the feds had joined transgender youth and their parents in challenging Tennessee’s law banning puberty blockers and transgender surgery for minors.

Chase Strangio, the ACLU lawyer representing trans youth at the Supreme Court, said he cannot predict what the Trump administration will do with this case or how the Supreme Court may handle the change.

He said there would still be private plaintiffs even if the feds reversed course.

“The Supreme Court is certainly not stripped of jurisdiction,” Mr. Strangio said. “The case will have been fully briefed and argued. The case continues, the conflict continues.”

Mr. Strangio will make history Wednesday as the first openly transgender attorney to argue before the Supreme Court against the youth medical bans. He said his heart is heavy both as a transgender person and as a parent.

“As all parents know, when your child is suffering, you are suffering,” he said.

At issue during Wednesday’s oral arguments in the legal battle is Tennessee’s law, known as S.B.1, which prohibits medical treatment for transgender youth, banning the use of puberty blockers and surgeries. It was enacted in 2023.

The justices will dive into the weighty topic and hear from the various sides, but a decision is not expected until months later at the end of June, when the new federal government would likely change sides in the case.

The justices are asked to decide if Tennessee’s law runs afoul of the Equal Protection Clause of the 14th Amendment, which requires governments to treat all individuals equally.

The dispute over Tennessee’s law was brought by the American Civil Liberties Union and the Justice Department, under President Joe Biden. Mr. Trump’s Justice Department could move to change positions, backing Tennessee’s ban.

Courts have rejected similar bans on medical treatment for transgender minors in other states like Alabama, Arkansas, Florida, Georgia, Idaho, Indiana and Kentucky, according to the ACLU.

But the 6th U.S. Circuit Court of Appeals let Tennessee’s ban take effect.

Three transgender minors, their parents and a doctor who has transgender youths as patients challenged the state law.

Brian Williams, whose daughter is transgender and a party to the case, said they are forced to travel out of state for her care. He said they went through nine months of medical advice before she began taking puberty blockers and hormone therapy months after that.

“Her joy, her smile and her confidence would not be what they are if it were not for the healthcare we and her doctors know is right for her. Everyday I am thankful for the courage she had to share with us what she was experiencing and to access the medical care she needed,” Mr. Williams said.

Tennessee officials say the medical treatments for trans youth can cause long-term damage to children and that kids should not be able to make these medical decisions.