The U.S. Supreme Court has granted a petition for divided argument in U.S. v. Skrmetti, the federal challenge to Tennessee’s law prohibiting doctors from prescribing treatments for gender dysphoria to transgender youth.
The court previously agreed in June to take up the case, as well as its companion case, L.W. v. Skrmetti, during the 2024-2025 court session.
The outcome of the case will likely determine the fate of similar laws in 23 other states, where Republican lawmakers have sought to criminalize the provision of gender-affirming care, like puberty blockers or hormones, to transgender youth to help them transition and assuage their feelings of gender dysphoria.
Two other states — Arizona and New Hampshire — have only banned surgical interventions on minors. Oral arguments in the case have been set for December 4, 2024.
A federal judge initially blocked the law from taking effect, but Tennessee appealed the ruling and asked that it be reversed. The 6th U.S. Circuit Court of Appeals subsequently lifted that injunction, thereby allowing the law to take effect. A few months later, the 6th Circuit rejected a separate request seeking to block enforcement of the law.
The Justice Department intervened, asking the U.S. Supreme Court to review the 6th Circuit’s rationale for the decision, in hopes of reversing it.
The plaintiffs in the original L.W. v. Skrmetti lawsuit challenging the ban — three families with transgender children and a Memphis-based doctor — are being represented by a coalition of legal organizations and firms, including Lambda Legal, the AmericanCivilLibertiesUnion, the ACLU of Tennessee, and Akin Gump Strauss Hauer & Feld LLP.
Lawyers for the plaintiffs recently petitioned the court for divided argument, enabling them to split time with the U.S. Department of Justice in arguing for the ban to be overturned. On October 21, the court granted that request.
As a result, Chase Strangio, the co-director of the ACLU’s LGBTQ & HIV Project, will now appear before the high court to argue for overturning the Tennessee ban — and others like it — on behalf of his clients, with those arguments becoming part of the case’s official record.
Strangio’s appearance will make him the first out transgender person to argue a case before the prestigious legal body.
Strangio is the leading U.S. legal expert on transgender rights, ACLU Legal Director Cecillia Wang told Reuters.
“He brings to the lectern not only brilliant constitutional lawyering, but also the tenacity and heart of a civil rights champion,” Wang said.
Justice Department had demanded Boston Children's Hospital hand over patients' and employees' personal information under the guise of combating medical "fraud."
A federal judge has quashed a subpoena from the U.S. Department of Justice demanding that Boston Children’s Hospital turn over private medical information on youth receiving gender-affirming care, blasting the request as a “fishing expedition” aimed at prosecuting doctors under the guise of investigating health care fraud.
In his ruling, Judge Myong Joun, a Biden appointee, said the Justice Department sought an “astonishingly broad array of documents and information that are virtually unlimited in scope,” including patients’ Social Security numbers, home addresses, and personal details, as well as the complete personnel files of all 2,000 Boston Children’s Hospital employees, regardless of whether they had any involvement in providing gender-affirming care to minors.
The U.S. Air Force says it will separate all transgender personnel with 15 to 18 years of service without retirement benefits. The move denies them early retirement under a policy that normally allows some members with more than 15 -- but fewer than 20 -- years of service to retire with prorated benefits instead of completing the standard 20 years.
Under the Temporary Early Retirement Authority (TERA), service members approved for early retirement receive prorated benefits -- including insurance coverage, disability pay, and access to housing on military bases.
U.S. Rep. Nancy Mace (R-S.C.) lashed out at Rep. Sara Jacobs (D-Calif.), an LGBTQ ally whose brother is transgender, after Jacobs criticized Republicans for introducing a series of anti-transgender amendments to the annual National Defense Authorization Act.
Several of the amendments -- including some introduced by Mace herself -- target gender-affirming care for transgender service members. One Mace-backed measure would bar TRICARE, the military’s health insurance program, from covering gender-affirming treatments.
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