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 transgender teaching assistant at the University of Oklahoma has been placed on leave after a conservative student accused both the assistant and the course's professor of discriminating against her for citing the Bible in an essay that received a zero.
The student, OU junior Samantha Fulnecky, a psychology major, had been assigned a 650-word essay reacting to a study on whether children's popularity correlates with how closely they conform to prescribed gender norms, reports Oklahoma-based NPR station KOSU.
The study -- Gender Typicality, Peer Relations and Mental Health -- found that popular children are more likely to be described as "gender-typical" by their peers than children who are frequently teased. Among those who are teased, young boys show the worst mental health outcomes.
U.S. Rep. Julie Johnson, one of several Democrats targeted in Texas's latest gerrymander, says she will seek reelection after a federal three-judge panel blocked a Republican-backed congressional map that would have drawn her out of her Dallas-area district for 2026.
The lesbian congresswoman is one of five Texas Democrats whose districts were reshaped to give Republicans a 2026 edge, and among several Democrats who were effectively drawn out of the seats they currently represent.
In Johnson's case, the proposed map would have stretched her Dallas-based 32nd District into Republican-leaning Rockwall County and rural East Texas, while shifting her hometown of Farmers Branch into GOP Rep. Beth Van Duyne's 24th District, a seat Trump won by 16 points in 2024.
A 14-year-old eighth-grade student in Arizona was forcibly removed from boys' basketball tryouts because school district officials refuse to recognize him as a boy due to an error on his original birth certificate.
Laker Jackson attends Eastmark High School, a grades 7-12 campus in Mesa, Arizona, and had spent a year training to make the basketball team. But district officials refused to treat the cisgender teen as a boy because the gender marker on his original birth certificate, used during enrollment, lists his sex as female.
The mix-up dates back 14 years, when hospital staff mistakenly listed Laker as female on his birth certificate. His parents, who have six children, say they never noticed the error until enrolling him at Eastmark last year.
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