In a devastating loss for transgender rights, the Supreme Court ruled in favor of a Tennessee law that prohibits gender-affirming care for transgender youth.

Washington D.C. – Today the U.S. Supreme Court issued a 6-3 decision in U.S. v. Skrmetti case,  allowing a Tennessee law that prohibits gender-affirming care for transgender minors.The decision is a setback for families of transgender youth. 

“Trans youth deserve the freedom to be who they are and to access the care that they need,” said Meg York, Director of LGBTQ+ Family Law & Policy and Senior Policy Counsel at Family Equality. “They also deserve the ability to rely on an impartial judiciary. Today, the Supreme Court failed trans youth. It issued a decision that defies legal logic, applying a politically motivated, inappropriate standard of review, allowing Tennessee to turn its back on trans youth. We know that access to medical care for trans youth can be a matter of life or death and that this decision will result in real harm. We also know that this is not the end of the road. Today’s decision left open many paths to continue our fight for freedom, access, and legal protection. We are in this together, and we are not backing down.”

The lawsuit, brought by the American Civil Liberties Union, the ACLU of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld on behalf of three Tennessee families, and Memphis-based physician Dr. Susan Lacy, argued that Tennessee’s ban on gender-affirming medical treatment for minors violates the Equal Protection Clause.

“Today’s ruling is a heartbreaking setback for transgender youth and the families who love them,” said Luce Remy, Vice President, Public Policy at Family Equality. “The Supreme Court has failed to protect families’ freedoms and allowed politicians to continue bullying transgender youth by denying these children the health care that they, their parents, and their doctors believed was necessary to allow these children to thrive. Every family wants what is best for their children, and they deserve the freedom to determine the best course of care for their children — without political interference.”

Chief Justice John Roberts wrote for the majority, finding that the law does not trigger heightened judicial scrutiny, instead applying rational basis review and concluding that it does not violate the Equal Protection Clause of the Fourteenth Amendment. 

In her dissenting opinion, Justice Sotomayor warned the decision “abandons vulnerable children … to political agendas” and permits “untold harm to transgender children.”

“This decision is a direct attack on the rights, dignity, and health of transgender youth — and a chilling reminder that our children’s lives are being used as political battlegrounds, said Darra Gordon, CEO of Family Equality. “The Supreme Court has failed in its duty to protect vulnerable young people. Family Equality will continue to fight relentlessly for every family’s right to access medically necessary and life-saving care — because every child deserves safety, respect, and the freedom to be themselves. 

“We will not back down.”Read the full ruling on U.S. v. Skrmetti.

Family Equality is creating a world where everyone can experience the love, safety, and belonging of family. As the leading national organization for current and future LGBTQ+ families, we work to ensure that everyone has the freedom to find, form, and sustain their families by advancing LGBTQ+ equality through advocacy, support, storytelling, and education. Learn more at familyequality.org.

Instagram, Facebook, LinkedIn, Threads, Bluesky, and TikTok: @familyequality

YouTube: @familyequalityc

# # #