The Supreme Court ruled this week in favor of upholding Tennessee's ban on gender transition surgery for minors. While an additional 26 GOP-led states feature similar legislation, Tennessee's iteration became a national battleground after it was sued for violating the 14th Amendment of the Constitution, which deals with the equal protection of individuals under the law. In his majority opinion, Chief Justice Roberts wrote, "Having concluded it does not, we leave questions regarding its policy to the people, their elected representatives, and the democratic process."
The 6-3 ruling will allow states to prevent minors experiencing gender dysphoria from seeking permanent means of transition, including hormone replacement therapy and puberty blockers.
While the decision does not disallow states to continue offering such surgeries to minors, it allows those who wish to ban it to do so.
The written decisions on the matter could also serve as precedent for other ongoing debates on transgender legislation. West Virginia has already called on SCOTUS to hear arguments regarding its laws Surrounding transgender participation in youth sports. The "Save Women's Sports Act" was signed in 2021 by former WV governor-turned-senator Jim Justice and bars students from competing on athletic teams that are not aligned with their gender. The state's legislative efforts were thwarted in 2023 when they were sued by an 11-year-old wanting to join their school's girls' track team despite having been born male, and the lower court ruled she could not be excluded.
Despite an executive order signed in February by President Trump that rescinded certain federal funding from states that allowed students to compete in sports outside of their gender, several have opted not to comply. A SCOTUS ruling would codify the issue legally, thereby creating a space in which the matter would be considered settled.
Even before this week's ruling, the Supreme Court had made several hints that it may ultimately decide against transgender participation in youth sports. Just last summer, they declined to uphold a Biden-Harris order that sought to ban states from excluding transgender students from locker rooms, bathrooms, and dorms. The previous administration sought to use the protections extended to women by Title 9 legislation to encapsulate transgender individuals as well, expanding the definition of sex to include gender.
They made a similar suggestion this Spring when they ruled in favor of Laurel Libby, a State Representative from Maine. Libby had been censured for a post on Facebook that questioned the ongoing participation of biological males, losing her ability to both speak and vote in her capacity as a member of the State House. SCOTUS ruled that the move disenfranchised Representative Libby's constituents and moved to reinstate her privileges. Maine was one of the states that chose to ignore President Trump's executive order disallowing such competition. Importantly, 66% of residents in Maine believe that school sports should be reserved for biological boys and girls.
SCOTUS continues to hear more cases regarding transgender legislation; the nation will build a more reliable roadmap for its future management.
How do you feel about the Supreme Court decision regarding youth gender transition? Should it be a state's issue or something decided by Congress?
Hilary Gunn is a Connecticut native with a degree in Criminal Justice from the George Washington University. She works for a nonprofit and has previously collaborated with the CT GOP as an activist, political campaign manager and field director, and social media organizer. She is currently serving in her fourth term of municipal office and has previously acted as a delegate on the Republican Town Committee.