Supreme Court Tells Courts to Revisit Transgender Rulings
The ruling in Tennessee’s gender-affirming care case could unravel key legal wins for transgender Americans as lower courts are told to take another look.
The U.S. Supreme Court has ordered lower federal courts to revisit pro-transgender rulings after siding with Tennessee in a 6-3 decision upholding the state’s ban on gender-affirming care for minors.
In its June 30 ruling, the Court found the law did not discriminate based on sex or transgender status — and while it did not address other laws affecting transgender Americans, it opened the door for states to impose even broader restrictions on transgender rights and legal protections.
As reported by CNN, Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett wrote in concurring opinions that courts should not be required to closely scrutinize laws alleged to discriminate against transgender people.
While the majority of the court did not embrace the view, if those three can convince two of their colleagues that laws restricting transgender rights are not discriminatory in a future case, conservative states could be free to pass whatever anti-transgender laws they wish.
As a result of the Supreme Court’s ruling, the 4th U.S. Circuit Court of Appeals must now review a decision involving insurance exclusions in West Virginia and North Carolina, according to the Associated Press.
The appeals court had previously ruled that West Virginia’s ban on Medicaid coverage for gender-affirming surgery, and North Carolina’s exclusion of transition-related care from state employee health plans, were unconstitutional.
The court also held that the exclusions discriminated against transgender individuals based on sex and transgender status, violating both the Equal Protection Clause of the U.S. Constitution and Title VII of the Civil Rights Act of 1964.
In California, the 9th U.S. Circuit Court of Appeals must reconsider a case challenging Idaho’s ban on Medicaid coverage for transition-related surgery for adults.
In Colorado, the 10th U.S. Circuit Court of Appeals must also revisit a decision that blocked Oklahoma from enforcing a ban on changing gender markers on birth certificates.
In a separate case, the Court declined to hear an appeal from transgender minors and their families seeking to overturn Kentucky’s ban on gender-affirming care — a law nearly identical to Tennessee’s and challenged on the same legal grounds.
The Supreme Court took no action on appeals court decisions in cases from Arizona, Idaho, and West Virginia involving bans on transgender students participating on female-designated sports teams. In all three, the 4th and 9th Circuits found the laws likely discriminatory and unconstitutional. However, the high court could choose to hear one or more of the cases in its next term, which begins in October.
A New York City man will spend the next two decades in prison for selling fentanyl-laced heroin that caused the fatal overdose of prominent transgender activist Cecilia Gentili, found dead in her home on February 6, 2024.
The 52-year-old was killed from a mixture of fentanyl, heroin, xylazine (also known as "tranq," a veterinary sedative that is often mixed with other drugs related to overdoses), and cocaine, according to the New York City Medical Examiner's Office.
Police used text messages, along with cell site data, to link two men to Gentili's death, with 53-year-old Antonio Venti of Babylon, N.Y., selling the fentanyl-laced mixture to the veteran LGBTQ activist and 44-year-old Michael Kuilan supplying the drugs to Venti.
The U.S. Senate parliamentarian blocked several provisions in President Donald Trump's proposed tax and budget bill, including a transgender health care ban that would have prohibited federal funds from covering gender-affirming care.
The provision seeks to block transgender people of all ages -- including adults -- from accessing transition-related care by banning Medicaid, ACA marketplace plans, and the Children's Health Insurance Program from covering the cost.
But Senate Parliamentarian Elizabeth MacDonough, who is tasked offering nonpartisan advice to federal lawmakers on Senate rules, declared that the proposed transgender health care ban violates the Byrd Rule, which requires reconciliation bills -- those cobbled together to resolve differences between House and Senate versions -- to only contain provisions that impact the budget or spending, and not any "extraneous" matters.
Delegates at the Southern Baptist Convention’s national meeting in Dallas have overwhelmingly endorsed a resolution opposing same-sex marriage.
On June 10, more than 10,000 church representatives -- referred to as "messengers" -- voted without debate to approve a measure urging the "overturning of laws and court rulings, including Obergefell v. Hodges, that defy God’s design for marriage and family," according to the Associated Press.
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