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In a significant legal development, the Biden administration has called upon the U.S. Supreme Court to address cases concerning transgender health care bans. The administration argues that Tennessee’s ban on gender-affirming medical care for minors violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. This move comes after the Justice Department’s earlier intervention in the case, emphasizing the national importance of this issue and the urgency for a definitive resolution.

The administration’s certiorari petition filed on Monday highlights the gravity of the situation, pointing out that without the Court’s review, families in Tennessee and other states with similar laws in effect will face the loss of essential medical care for transgender minors.

This request to the Supreme Court follows similar petitions filed by transgender plaintiffs and their families in Tennessee and Kentucky. All parties involved are urging the justices to hear these cases concerning their states’ respective bans on gender-affirming care.

The heart of the issue lies in the question of whether Tennessee’s ban violates equal protection. The Justice Department contends that it does, primarily due to its sex-based classification and discrimination against transgender individuals. Consequently, the administration argues that the ban should be subject to heightened scrutiny, a test it is unlikely to pass.

The administration’s brief also challenges the Sixth Circuit’s previous decision, which held that the Tennessee and Kentucky bans were likely constitutional. It argues that the Sixth Circuit’s application of the deferential rational-basis standard was incorrect and created conflicts in the application of the Equal Protection Clause to laws targeting transgender individuals.

Chase Strangio of the ACLU, counsel for the challengers in the Tennessee case, believes that taking the case to the Supreme Court is necessary, despite its conservative composition. He argues that the existing opinions in the Sixth and Eleventh Circuits, which upheld similar bans, are untenable and must not be allowed to stand.

The administration underscores the need for prompt action, highlighting that delays would prolong the harm suffered by transgender adolescents who are being denied critical medical care. Moreover, it would leave uncertainty hanging over minors and their families nationwide.

Notably, the Justice Department differs from the plaintiffs in the Tennessee and Kentucky cases in one significant aspect. While both the private petitioners and the government ask the Supreme Court to consider whether the bans violate the constitutional due process rights of parents to direct the upbringing of their children, the Justice Department specifically argues against taking up that question. It believes that this aspect of the Sixth Circuit’s decision does not warrant the Court’s review.

In conclusion, the Justice Department’s filing represents a critical step in addressing the issue of transgender health care bans. It calls upon the Supreme Court to provide constitutional protections for transgender individuals, emphasizing the urgency of resolving this matter. With multiple parties urging the Court to act, the legal battle for transgender rights is at a crucial juncture, and the outcome will have far-reaching implications. Stay tuned for updates on this developing story.

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