Supreme Court Decision Could Affect Other Trans Rights Cases

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The ruling could set a precedent for several challenges to state laws regarding sports participation, bathroom use and health care for adults.

The words All Gender Student are on a sign on a bathroom door.
Legal scholars and advocates on both sides of the Tennessee case say it could more broadly shape what it means to be transgender in the United States.Credit...Philip Cheung for The New York Times

Amy Harmon

  • Dec. 4, 2024Updated 3:43 p.m. ET

The Tennessee law at issue in the case argued before the Supreme Court on Wednesday is known as United States v. Skrmetti, and governs gender transition treatments for minors.

Legal scholars and advocates on both sides of the case say it could more broadly shape what it means to be transgender in the United States, setting a precedent for several state law challenges already underway regarding sports participation, bathroom use and health care for adults.

A decision in the case, experts say, also could affect any national legislation that may emerge from the new Republican-controlled Congress.

“The Supreme Court could say, ‘This only applies to health care for minors,’ but why?” said Jessica Clarke, a law professor at the University of Southern California who co-wrote a brief in support of the Biden administration’s side of the case, challenging a Tennessee ban on transition treatments for minors.

Jim Campbell, chief counsel for Alliance Defending Freedom, a conservative legal group that filed a brief in support of Tennessee, said he expected that the court’s opinion in Skrmetti would dictate the outcome of challenges to state policies that deny coverage for gender transition procedures for Medicaid recipients or employees on state health insurance plans.

“How it affects the bathroom issues, sports issues — I don’t think it’s like a one-for-one that necessarily what the court does here, it’s going to do in those cases,” Mr. Campbell said, “but I do think it’s going to significantly influence them.”


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