The United States Supreme Court, on June 18, affirmed the Sixth Circuit’s ruling upholding Tennessee’s Senate Bill 1 (SB1) that prohibited healthcare providers, within the state, from administering puberty blockers or hormones to minors for the purpose of treating gender dysphoria, gender identity disorder, or gender incongruence, while allowing such treatments for other medical conditions.
United States v. Skrmetti (Docket No. 23-477) centered on whether SB1 violated the Equal Protection Clause of the Fourteenth Amendment by classifying individuals based on sex or transgender status.
The majority, led by Chief Justice John Roberts and joined by Justices Thomas, Gorsuch, Kavanaugh, Barrett, and partially by Alito, held that SB1 does not violate the Equal Protection Clause and is subject to rational-basis review, not heightened scrutiny.
“The Court’s role is not ‘to judge the wisdom, fairness, or logic’ of SB1, but only to ensure that the law does not violate equal protection guarantees,” wrote Justice Roberts representing the majority opinion. “It does not. Questions regarding the law’s policy are thus appropriately left to the people, their elected representatives, and the democratic process.”
Justice Sotomayor, joined by Justice Jackson fully, and by Justice Kagan, argued that SB1 clearly classifies based on sex and transgender status, warranting intermediate scrutiny.
“The Court’s willingness to [obfuscate a sex classification] here does irrevocable damage to the Equal Protection Clause and invites legislatures to engage in discrimination by hiding blatant sex classifications in plain sight,” wrote Justice Sotomayor. “It also authorizes, without second thought, untold harm to transgender children and the parents and families who love them.”
In response to the Supreme Court’s ruling, Washington state Governor Bob Ferguson took to X to affirm that as long as he is governor, he will “stand up for and support transgender people, including transgender youth.”
Gender Justice League— a Seattle-based nonprofit focused on elevating the rights of TwoSpirit, Trans, & Gender Diverse (2STGD) communities in Washington state—condemned Wednesday’s decision, which it said “greenlights state interference in scientifically proven and essential life-saving healthcare.”
Trans youth in Washington, currently, will not be affected by Wednesday’s U.S. Supreme Court decision. As of November 2024, 26 states have enacted restrictions on gender-affirming care for transgender youth, such as banning surgeries and/or puberty blockers.
“This ruling is dangerous and deeply unjust, but it does not erase the rights we’ve fought for and won here in Washington State,” wrote Danni Askini, Executive Director of Gender Justice League. “Transgender people remain protected under Washington State and federal employment law, and this decision does not create a nationwide ban on gender-affirming care. In Washington, our rights remain intact — and we must mobilize to protect them. We are urging all fair-minded Washingtonians to join us in defending trans youth by joining our campaign Washington Families for Freedom.”
Existing gender-affirming care protections in Washington state:
- RCW 74.09.675 ensures coverage for gender-affirming care, including surgeries, under state-regulated health plans.
- Senate Bill 5313 (2023) establishes Washington as a sanctuary state for transgender youth seeking gender-affirming care, shielding providers and patients from out-of-state legal actions.
- Washington does not have bans on gender-affirming surgeries or other treatments for transgender youth. Surgeries, while rare, are accessible under medical necessity guidelines, typically involving parental consent and extensive evaluation.
For more information on Washington Families For Freedom: wafamiliesforfreedom.org
Author: Mario Lotmore
