Supreme Court Considers State Laws Restricting Transgender Youth Healthcare
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The Supreme Court heard oral arguments on Tuesday, January 9, 2024, regarding state laws in Idaho, Kentucky, and Tennessee that restrict or ban gender-affirming care for transgender minors. Justices appeared inclined to allow states to regulate such care,signaling potential setbacks for transgender rights advocates.
idaho’s Law and the Legal Challenge
Idaho’s law, SB 1347, enacted in March 2023, prohibits gender-affirming care – including puberty blockers, hormone therapy, and surgeries – for transgender minors.Idaho Code § 67-3001 defines the restrictions. The law was challenged by families of transgender children and LGBTQ+ advocacy groups, arguing it violates the Equal Protection clause of the Fourteenth Amendment and due process rights.
During oral arguments, several justices expressed skepticism about whether plaintiffs had standing to sue, questioning whether they had demonstrated a concrete injury caused by the law. Justice Ketanji Brown Jackson noted the law doesn’t outright ban all medical care, but rather regulates it. Transcript of Oral Argument
Kentucky and tennessee Laws
Kentucky’s HB 479,passed in April 2023,similarly restricts gender-affirming care for minors,including a ban on puberty blockers and hormone therapy. Kentucky House Bill 479. Tennessee’s SB 1, enacted in March 2023, also prohibits gender-affirming care for minors. Tennessee Senate Bill 1. These laws face similar legal challenges as Idaho’s, consolidated for review by the Supreme Court.
Arguments Before the Court
The Biden management, intervening in the case, argued that the state laws are discriminatory and lack medical support.Solicitor General Elizabeth Prelogar stated that the laws would cause significant harm to transgender youth and their families. Statement of Solicitor general Elizabeth B. Prelogar.
State attorneys general defending the laws argued that they have a legitimate interest in protecting children and that parents do not have a constitutional right to make medical decisions that could have long-term consequences for their children. They also emphasized the evolving understanding of gender dysphoria and the potential risks associated with gender-affirming care.
Potential Outcomes and Current Status (as of January 13, 2026)
As of January 13, 2026, the Supreme Court has not issued a ruling in the case, Skinner v. Bryant (no. 23-719). However, based on the tenor of oral arguments, legal experts anticipate the Court will likely uphold the state laws, granting states greater authority to regulate medical care for transgender minors. Several states have enacted similar restrictions, and a Supreme Court ruling affirming these laws could lead to further restrictions nationwide. SCOTUSblog Case Preview. No new developments have occurred since the oral arguments on January 9, 2024.
