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164 members of Congress urge Supreme Court to protect trans rights

GRACE files separate brief in gender affirming care case

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U.S. Supreme Court (Washington Blade photo by Michael Key)

A group of 164 members of Congress filed an amicus brief on Tuesday urging the U.S. Supreme Court to defend transgender Americans’ access to medically necessary healthcare as the justices prepare to hear oral arguments this fall in U.S. v. Skrmetti.

Lawmakers who issued the 27-page brief include House Democratic Leader Hakeem Jeffries (N.Y.) House Democratic Whip Katherine Clark (Mass.), House Democratic Caucus Chairman Pete Aguilar (Calif.),Ā U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.), and Congressional Equality Caucus Chair U.S. Rep. Mark Pocan (D-Wis.), along with the caucus’s 8 co-chairs and 25 vice-chairs. Ranking members of the powerful House Judiciary and House Ways and Means Committees, U.S. Reps. Jerry Nadler (D-N.Y.) and Frank Pallone Jr. (D-N.J.), were also among the signatories.

The case, among the most closely watched this term, will determine whether Tennessee’s ban on gender-affirming care for minors, along with a similar law passed in Kentucky, violate the Equal Protection Clause of the 14th Amendment.

In their brief, the lawmakers urge the Supreme Court to treat with skepticism “legislation banning safe and effective therapies that comport with the standard of care” and to examine the role of “animosity towards transgender people” in states’ gender affirming care bans.

ā€œDecisions about healthcare belong to patients, their doctors, and their families—not politicians,ā€ Pocan said. ā€œThe law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists. We strongly urge the Supreme Court to uphold the constitution’s promise of equal protection under the law and strike down Tennessee’s harmful ban.ā€

ā€œFor years, far-right Republicans have been leading constant, relentless, and escalating attacks on transgender Americans. Their age-old, discriminatory playbook now threatens access to lifesaving, gender-affirming care for more than 100,000 transgender and nonbinary children living in states with these bans if the Supreme Court uphold laws like Tennessee’s at the heart ofĀ SkrmettiĀ fueled by ignorance and hate,” Markey said.

ā€œTransgender people deserve the same access to healthcare as everyone else,” said Nadler. “There is no constitutionally sound justification to strip from families with transgender children, and their doctors, the decision to seek medical care and give it to politicians sitting in the state capitol. I trust parents, not politicians, to decide what is best for their transgender children.ā€

Pallone warned that if Tennessee’s ban, S.B. 1, is “allowed to stand, it will establish a dangerous precedent that will open the floodgates to further discrimination against transgender Americans.ā€

ā€œUnending attacks from MAGA extremists across the nation are putting trans youth at risk with hateful laws to ban gender-affirming care,” said Merkley author of the Equality Act. “Let’s get politicians—who have no expertise in making decisions for patients—out of the exam room.Ā The Court must reject these divisive policies, and Congress must pass the Equality Act to fully realize a more equal and just union for all.ā€

Also filing an amicus brief on Tuesday was the Gender Research Advisory Council + Education (GRACE), a transgender-led nonprofit that wrote, in a press release, “SkrmettiĀ  is critically important to the transgender community because approximately 40% of trans youth live in the 25 states that have enacted such bans.”

The group argued laws like Tennessee’s S.B. 1 are cruel, discriminatory, and contradict “the position of every major medical association that such treatments are safe, effective and medically necessary for adolescents suffering from gender dysphoria.”

GRACE’s brief includes 28 families “who hope to share with the Court that they are responsible, committed parents from a variety of backgrounds who have successfully navigated their adolescent’s transition.”

ā€œThese parents sought medical expertise for their children with diligence regarding the best care available and input from experienced physicians and mental health professionals and they have seen firsthand the profound benefits of providing medically appropriate care to their transgender children,” said GRACE Board Member and brief co-author Sean Madden.

Left unchecked, this may start with the transgender community, but it certainly won’t end there,” added GRACE President Alaina Kupec. “Next it could be treatments for HIV or cancer.ā€

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U.S. Supreme Court

Supreme Court to hear conversion therapy case in October

Harmful and discredited practice is banned in 23 states and D.C.

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Monday agreed to hear a case about whether state and local governments can enforce bans on anti-LGBTQ conversion therapy for children, a discredited and harmful practice that has been banned by 23 states and D.C.

The case, which will be argued in the new term that begins in October, began in Colorado Springs, Colorado where a licensed professional counselor filed a challenge to a ban in 2022, arguing the law interferes with her ability to treat patients with ā€œsame-sex attractions or gender identity confusionā€ who ā€œprioritize their faith above their feelings.ā€ 

The Supreme Court in 2023 declined to hear a challenge to conversion therapy bans out of Washington state, but conservative justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh voted in favor of taking up the case.

The Colorado therapist, Kaley Chiles, is represented by the Alliance Defending Freedom, which is described by the Southern Poverty Law Center as “a legal advocacy and training group that has supported the recriminalization of sexual acts between consenting LGBTQ adults in the U.S. and criminalization abroad; has defended state-sanctioned sterilization of trans people abroad; has contended that LGBTQ people are more likely to engage in pedophilia; and claims that a ā€œhomosexual agendaā€ will destroy Christianity and society.”

The U.S. District Court for the District of Colorado struck down Chiles’s lawsuit in 2022. Her case was appealed to the Supreme Court from the U.S. Court of Appeals for the 10th Circuit, which upheld the ban in 2023 on the grounds that it regulates professional conduct, not speech.

Human Rights Campaign President Kelley Robinson released the following statement on Monday:

ā€œThe Supreme Court’s decision to take up this case isn’t just about so-called ‘conversion therapy’ – it’s about whether extremists can use our courts to push their dangerous agenda, in an effort to erase LGBTQ+ people and gut protections that keep our kids safe. There’s no debate: so-called ā€˜conversion therapy’ is a dangerous practice, not therapy, and it has no place in our communities. These bans exist to protect LGBTQ+ children from harm—period.

Attacks on LGBTQ+ rights are the entry point to attacks on all of our rights. The same people trying to legalize abuse under the guise of ā€˜therapy’ are the ones banning books, ripping away reproductive rights, and undermining our democracy. The Supreme Court must uphold the 10th Circuit decision finding that these laws are constitutional.ā€

HRC added, “So-called ‘conversion therapy,’ sometimes known as ‘reparative therapy,’ is a range of dangerous and discredited practices that falsely claim to change a person’s sexual orientation or gender identity or expression.”

The group continued, “Such practices have been rejected by every mainstream medical and mental health organization for decades, but due to continuing discrimination and societal bias against LGBTQ+ people, some practitioners continue to conduct conversion therapy. Minors are especially vulnerable, and conversion therapy can lead to depression, anxiety, drug use, homelessness, and suicide.”

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U.S. Supreme Court

Supreme Court will not hear challenge to Tenn. drag restrictions

Republican lawmakers limited access to “adult entertainment” in 2023

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Monday declined to hear a case challenging Tennessee’s law restricting drag performances, which was enacted by Republican state lawmakers in 2023.

The Tennessee Adult Entertainment Act forbids ā€œadult-oriented performancesā€ that take place in public or where they may be seen by minors. Legislators specified the legislation was meant to target drag shows.

A judge on the U.S. District Court for the Western District of Tennessee ruled that the law was ā€œunconstitutionally vague and substantially overbroad,” allowing drag performances to continue in parts of the state. The 6th U.S. Circuit Court of AppealsĀ reversed the decision in July, however, ruling that the theater company that filed the complaint lacked standing to sue.

President Donald Trump said that his decision to name himself chair of the Kennedy Center shortly into his second term came at least partially in response to the iconic performing arts center’s history of hosting drag shows, which he called ā€œanti-American propaganda.ā€

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U.S. Supreme Court

Supreme Court to consider case against Montgomery County Public Schools

Plaintiffs challenging LGBTQ-specific curriculum policy

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Jan. 17 announced it will consider the case of a group of Montgomery County parents who are challenging a policy that does not allow them to “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents in a federal lawsuit they filed in May 2023 allege the Montgomery County Public Schools policy violates their religious beliefs.

A federal judge in Maryland on Aug. 24, 2023, ruled against the parents. The 4th U.S. Circuit Court of Appeals upheld the ruling.

“Under the 4th Circuit’s reasoning, parents cannot be heard until after the damage has been done to their children,” reads the Supreme Court filing that CBS News obtained. “But there is no unringing that bell — by then, innocence will be lost and beliefs undermined.”

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