The Supreme Court (SCOTUS) began hearing oral arguments in the high-profile case Tennessee’s ban on transgender medical procedures for minors Wednesday, and one expert says the landmark case shows “the pendulum is swinging.”
The case, US vs Skrmetti, will decide whether Tennessee’s ban on transgender medical procedures is constitutional and could influence whether states will enact more bans and allow individuals to sue medical providers.
“I think more and more of these people are willing and certainly willing to sue the drug companies, as well as the doctors who prescribe the drugs or perform the surgery,” Mat Staver, president of the legal nonprofit Liberty Counsel, told Fox News Digital. in an interview.
SUPREME COURT WEIGHS STATE BAN ON TRANSGENDER ‘MEDICAL TREATMENT’ FOR MINORS
The Supreme Court began oral arguments Wednesday in the high-profile case over Tennessee’s ban on transgender medical procedures for minors. (Alexander Pohl/NurPhoto via Getty Images | AP Photo/Mariam Zuhaib)
“So I think the pendulum is swinging,” said Staver, whose legal group has filed an amicus brief in support of Tennessee Attorney General Jonathan Skrmetti. “So even no matter what Supreme Court If that is the case, I think the lawsuits will ultimately be the death knell for these types of interventions.”
As oral arguments began Wednesday morning, advocates and opponents of gender transition treatments gathered outside the SCOTUS building with transgender Pride flags and “Kids’ Health Matters.” For more than two hours, the judges listened to each side present their arguments and ask questions.
The court’s ruling could impact other current legal battles over transgender rights, including restroom access and participation in school sports. It could also serve as a legal model for future disputes involving the LGBTQ community over whether sexual orientation is a “protected class” worthy of the same rights as a person’s race and national origin.
Staver said appeals courts have consistently upheld state bans on gender-affirming care for minors, although some lower court rulings have been overturned on appeal. He predicts that the Supreme Court will likely follow this trend and consider the issue as one of regulating medical procedures rather than one of constitutional protection.
“I think the real question is whether or not this reaches a level of constitutional protection, which I don’t think it does,” Staver said.
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Protesters gather outside the Supreme Court building as justices hear oral arguments in Washington, D.C. Justices will hear oral arguments Wednesday in the United States against Skrmetti, a case focusing on transgender medical care for minors under the Equal Protection Clause. (Jack Gruber/USA TODAY)
The Biden administration joined the lawsuit by filing a petition with the Supreme Court in November 2023. The Justice Department argued that Tennessee’s law, which limits access to puberty blockers and hormone therapies for transgender minors, violates the Equal Protection Clause of the 14th Amendment. This clause requires, by law, equal treatment of persons in similar circumstances.
“It’s no surprise to me that this is something that I think the Biden administration would like to hang its hat on as a victory for so-called transgender rights,” Sarah Perry, senior legal fellow at the Heritage Foundation, told Fox News Digital .
The government’s petition highlighted the “urgent need” for Supreme Court review, citing the impact on families at risk of losing essential medical care. The DOJ also highlighted the broader implications of similar laws in other states, arguing that the bans disproportionately target transgender youth while allowing similar treatment for non-transgender minors.
Opponents of transgender rights gather outside the U.S. Supreme Court as the justices hear arguments in a case involving the health rights of transgender people on December 4, 2024 in Washington, DC ((Photo by Kevin Dietsch/Getty Images))
“But I will say that this is going to have some very interesting potential, on FACE (The Freedom of Access to Clinic Entrances Act) with the coming Trump administration“They made it very clear during the campaign that they want to limit these procedures for minors,” Perry said.
“So the Justice Department under President Trump has an opportunity to change course, file a motion to dismiss, voluntarily dismiss the case, and then an interesting question arises: What do the judges do?” she added.
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The case comes as transgender issues have become a hotly debated topic in the country’s culture wars. Several major medical groups, including the American Medical Association, American Academy of Pediatrics, American Psychological Association, and American Academy of Child and Adolescent Psychiatry, all endorse transgender medical procedures for children.
Meanwhile, more than 26 states have restricted or passed laws banning them.
Tennessee Attorney General Jonathan Skrmetti told reporters after the arguments, “The Constitution allows the states to protect children from unproven, life-altering procedures based on uncertain science.”
A ruling is expected in July 2025.
Shannon Bream and Bill Mears of Fox News contributed to this report.
