Connect with us

U.S. Supreme Court

Trans rights supporters, opponents rally outside Supreme Court as justices consider Tenn. law

Oral arguments in U.S. v. Skrmetti case took place Wednesday

Published

on

(Washington Blade photo by Michael Key)

At least 1,000 people rallied outside the U.S. Supreme Court on Wednesday as the justices considered whether a Tennessee law banning gender-affirming medical care for transgender youth is unconstitutional.

Dueling rallies began early in the morning, with protesters supporting trans rights and protesters supporting Tennessee’s ban on gender-affirming care each stationed with podiums on opposite sides.

Trans rights protesters, who significantly outnumbered the other group, held signs reading ā€œKeep hate out of healthcare,ā€ and ā€œRespect family medical decisions.ā€ On the other side, protesters carried signs with messages like ā€œSex change is fantasy,ā€ and ā€œStop transing gay kids.ā€

Ari, a trans person who grew up in Nashville and now lives in D.C., spoke to the Washington Blade about the negative effects of the Tennessee law on the well-being of trans youth. 

ā€œI grew up with kids who died because of a lack of trans healthcare, and I am scared of that getting worse,” they said. “All that this bill brings is more dead kids.ā€

The Tennessee law that is being challenged in U.S. v Skrmetti took effect in 2023 and bans medical providers from prescribing medical treatments such as puberty blockers and hormone therapies to trans youth. 

A number of Democratic lawmakers, including U.S. Rep. Mark Takano (D-Calif.), co-chair of the Congressional Equality Caucus, and U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) addressed the crowd in support of trans rights. 

In his speech, Merkley said Americans deserved freedom in accessing gender affirming care and criticized the law as political intervention in private medical decisions. 

ā€œAmericans should have the freedom to make medical decisions in the privacy of their doctor’s office without politicians trying to dictate to them,ā€ he said. 

Robert Garofalo, a chief doctor in the division of Adolescent and Young Adult Medicine at a Chicago children’s hospital, emphasized the importance of trans youth having access to gender affirming care. 

ā€œWe [providers] are seeing patients and families every day, present with crippling fears, added stress and anxiety as they desperately try to locate care where it remains legal to do so,ā€ Garofalo, who is also a professor of pediatrics at Northwestern University, told the crowd. ā€œTransgender children and adolescents deserve health care that is grounded in compassion, science and principles of public health and human rights. They must not be denied life saving medical care — their lives depend on it.ā€

Major U.S. medical associations, including the American Medical Association and the American Academy of Pediatrics, support gender affirming care. 

Research has found gender affirming care improves the mental health and overall well-being of gender diverse children and adolescents. Those who are denied access to gender affirming care are at increased risk for significant mental health challenges.  

An unlikely coalition came out to support Tennessee’s ban on gender affirming care. Far-right figures, such as U.S. Rep. Marjorie Taylor Greene (R-Ga.) and Matt Walsh — both of whom have a history of making homophobic statements — were joined by groups such as the LGBT Courage Coalition and Gays Against Groomers.Ā 

TheĀ groups questioned the quality of the research finding gender-affirming care to have a positive effect on the well-being of trans and gender nonconforming youth and argued that minors cannot consent to medical treatment. Ben Appel, a co-founder of the LGBT Courage Coalition, which he notes was ā€œco-founded by gay, lesbian, bisexual, and trans adults who oppose pediatric gender medicine, which we know to be non-evidence-based and harmful to young gay people,ā€Ā said gender nonconformity is often part of the lesbian, gay, and bisexual experience and should not be ā€œmedicalized.ā€Ā 

ā€œI care about the adult gay detransitioners who have been harmed … by these homophobic practice,ā€ he said ā€œThey should have just been told they’re gay.ā€Ā 

Claire, a Maryland resident who attended the rally in favor of the Tennessee law and claims to have detransitioned, described being prescribed testosterone and having a mastectomy at 14, medical treatments she says she was unable to consent to at that age. She doesn’t oppose gender affirming care for adults but is opposed to ā€œmedical experimentation on children.ā€

ā€œI think that adults should be allowed to do whatever they want with their bodies. I think that it is if someone is happy with the decision that they made that’s great,ā€ she said. ā€œI was not able to make that decision. I was a child.ā€ 

(Washington Blade photo by Michael Key)

But trans activists fear that a ruling in favor of Tennessee could pave the way for states to restrict access to gender-affirming care for adults.

ā€œThere’s also broader implications for civil rights and trans rights, more broadly, for adults in the future. There are some states that have tried to ban some healthcare for adults — they haven’t yet — but I think that’s something we might also see if the Supreme Court rules that way,ā€ Ethan Rice, a senior attorney at Lambda Legal, one of the legal organizations representing the plaintiffs in U.S. v Skrmetti, said.

In the case, three Tennessee families and a physician are challenging the Tennessee law on the grounds that it violates the Equal Protection Clause in the 14th Amendment by drawing lines based on sex and discriminating against trans people. The statute bans medications for trans children while allowing the same medications to be used when treating minors suffering from other conditions, such as early-onset puberty. 

A 2020 Supreme Court decision determined sex-based discrimination includes discrimination based on gender identity or sexual orientation. The key question in U.S. v. Skrmetti is whether this interpretation applies under the Equal Protection Clause.

ā€œWe really hope that the Supreme Court recognizes their own precedent on sex discrimination cases and comes out the right way, saying this is sex discrimination by the state of Tennessee and thus is unconstitutional,ā€ Rice said. 

Twenty-six states currently have laws or policies restricting minors’ access to gender-affirming care. If the court rules against Tennessee, similar bans in other states would also be unconstitutional, granting trans youth greater access to gender affirming care nationwide. 

Edith Guffey, the board chair at PFLAG, expressed doubt the court will strike down the law, citing its sharp ideological turn to the right in recent years. But she said she remains hopeful. 

ā€œI hope that the court will … step outside agendas and look at the needs of people and who has the right to say what’s good for their children,ā€ she said.

Chase Strangio, an ACLU attorney representing the families, on Wednesday became the first openly trans lawyer to argue before the Supreme Court. He addressed the trans rights protesters after the hearing. 

ā€œWhatever happens, we are the defiance,ā€ Strangio said. ā€œWe are collectively a refutation of everything they say about us. And our fight for justice did not begin today, it will not end in June — whatever the court decides.ā€

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

U.S. Supreme Court

Supreme Court to hear Md. religious freedom case on Tuesday

Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

Published

on

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

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parents’ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.

Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā 

Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.

The plaintiffs — Tamer Mahmoud, Enas Barakat, and other parents — argue ā€œthe storybooks were chosen to disrupt ā€˜cisnormativity’ and ā€˜either/or thinking’ among students.ā€ 

ā€œThe board’s own principals objected that the curriculum was ā€˜not appropriate for the intended age group,’ presented gender ideology as ā€˜fact,’ ā€˜sham[ed]’ students with contrary opinions, and was ā€˜dismissive of religious beliefs,ā€™ā€ according to the petition on the Supreme Court’s website. 

The petition goes further, saying the parents are ā€œnot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents’ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ā€˜to change their religious beliefs or conduct.ā€™ā€

The Coalition for Inclusive Schools and Communities, an organization that aims to bring together ā€œadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā€ will participate in the ā€œRally for Inclusive Educationā€ rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.

ā€œInclusive education isn’t just a value — it’s a necessity,ā€ said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. ā€œThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right — and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā€

The Coalition for Inclusive Schools and Communities says the rally is a ā€œnonpartisan community gathering rooted in education, advocacy, and solidarity.ā€ 

ā€œThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā€ it said.

The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Women’s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.

Continue Reading

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.

Published

on

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.”

Continue Reading

U.S. Supreme Court

Supreme Court will not hear challenge to Tenn. drag restrictions

Republican lawmakers limited access to “adult entertainment” in 2023

Published

on

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€

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular