- Oct 17, 2011
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Supreme Court will decide if states may prohibit hormones for transgender teens
The justices have not ruled on whether discrimination based on gender identity is unconstitutional.In the last three years, however, many Republican-led states have enacted laws that forbid medical treatments intended to help youths under 18 transition to what the measures describe as a “purported identity inconsistent with the minor’s sex.”
The Biden administration, the ACLU and Lambda Legal urged the court to hear casesfrom Tennessee and Kentucky and to rule discrimination against transgender youth violates the Constitution’s guarantee of equal protection of the laws.
The court said it would hear arguments in the fall in the Tennessee case.
Parents played a lead role in the legal challenges. Samantha Williams and her husband, Brian, had sued in Nashville on behalf of their transgender daughter, who was identified as L.W.
“Before coming out and starting to receive this medical care she struggled to make friends, keep her grades up, or even accept hugs from her family. Now, we have a confident, happy daughter who is free to be herself. I want the Justices to see and understand my daughter and recognize her rights under the Constitution like any other person, and to see that if parents like me don’t have the right to determine what’s best for our children, then no parent does,” she said.
U.S. Solicitor Gen. Elizabeth Prelogar had urged the court to take up the issue. She said the state laws impose “a categorical ban on evidence-based treatments supported by the overwhelming consensus of the medical community.”
[24 states have similar laws; many are already temporarily blocked by judges. Should SCOTUS rules in TN's favor, the laws would likely take effect.]