What the US Supreme Court Will Consider When It Rules on Gender-Affirming Care for Trans Children

This article is republished from The Conversation>:

Mark Satta, Wayne State University

A case recently argued in the U.S. Supreme Court will likely determine for the foreseeable future how difficult it will be for trans people to win constitutional challenges to laws that discriminate against them.

The case, United States v. Skrmetti, concerns whether a Tennessee law banning gender-affirming medical care for trans youth violates the equal protection clause of the U.S. Constitution's 14th Amendment.

As a constitutional law scholar, I see United States v. Skrmetti, which was argued before the justices on Dec. 4, 2024, as a very important case. This is because the court's decision in Skrmetti requires the justices to determine how strongly the equal protection clause protects trans people.

The equal protection clause is one of the key parts of the U.S. Constitution used to protect civil rights. The court decisions declaring school segregation unconstitutional and legalizing gay marriage both invoked the equal protection clause.