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 majority of the Supreme Court appeared poised to overturn Colorado's ban on licensed counselors attempting to change the sexual orientation or gender identity of minors, after 90 minutes of oral arguments on October 7. The decision could upend similar conversion therapy bans in 23 states and the District of Columbia.
Conversion therapy attempts to change a person's same-sex attraction or gender dysphoria by teaching patients to suppress their impulses or modify behavior to fit traditional notions of gender and sexuality. The practice is often wrongly described as "curing" a person of same-sex attraction or gender dysphoria -- when even many practitioners admit they cannot eliminate such feelings, only offer ways to manage or resist them.
Apple has pulled two of China's most popular gay dating apps from its App Store after receiving an order from the country's top internet regulator and censorship agency.
According to Wired, the tech giant removed Blued and Finka from both Apple's iOS App Store and several Android marketplaces over the weekend. New downloads are now blocked, though the apps remain functional for users who already had them installed.
"We follow the laws in the countries where we operate," an Apple spokesperson told Wired in an email. "Based on an order from the Cyberspace Administration of China, we have removed these two apps from the China storefront only." The spokesperson added that the apps haven't been available in other countries for some time.
Thanks to my dad's career, the Army was a huge part of my upbringing. When I was little, vaccinations, swimming lessons, and commissary shopping meant a trip to Fort Belvoir, Virginia. My elder brother followed in our father's Army footsteps, becoming an Army helicopter pilot. My stepfather was in the Navy during World War II, serving on a submarine in the Pacific.
When I hit 18, when I was most likely to consider joining the military myself, even "Don't Ask, Don't Tell" was a few years away. If you were found to be gay, out you went. Poring over reams of court documents, during a college internship, regarding the murder of Naval officer Allen R. Schindler Jr., assured me that I was better off as a civilian. Schindler, who was gay and born the same year as me, was beaten to death by two shipmates during shore leave in Japan.
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