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.
U.S. Rep. Seth Moulton (D-Mass.), who is challenging U.S. Sen. Ed Markey in the Democratic primary, apologized for the hurt caused by controversial remarks he made about transgender athletes following Kamala Harris's loss in the 2024 presidential election.
Moulton, 47, and Markey, 80, sparred during an August 3 debate aired on Boston PBS affiliate WGBH ahead of the September 1 primary. WGBH News' Adam Reilly asked Moulton about comments he made to The New York Times in 2024, attributing Democrats' electoral losses to positions on hot-button cultural issues that he argued were out of step with most Americans.
Republicans in Congress have added six anti-LGBTQ riders to the annual State Department funding bill for fiscal year 2027.
Democrats have denounced the riders as "poison pills" that could jeopardize the bill's passage and unfairly target LGBTQ people.
"None of these riders make our world any safer," U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, said in a statement. "It's beyond shameful that the Republican majority has again tainted this vitally important bill with these poison pill riders."
A gay couple that is owed more than $560,000 in damages and legal costs after being denied a marriage license by former Rowan County Clerk Kim Davis has filed a new lawsuit alleging that she transferred inherited property to family members to avoid paying the judgment.
David Ermold and David Moore were turned away by Davis's office when they attempted to obtain a marriage license in 2015. In 2023, a federal jury found that Davis had violated their constitutional rights and awarded them $100,000 in damages.
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