January 16, 2025
5 min read
The Supreme Court’s Case on Trans Health Shows Why Patients Should Make the Decisions
Supreme Court arguments over trans health care makes plain how badly we need personalized health care in all of medicine
Since 2021 a legal tug-of-war over state bans on health care for transgender youth has wound through U.S. courts. Many judges ruled that bans discriminate against a group of people who should enjoy constitutional protections. Others sustained states’ claims that such bans protect minors and that trans youth should wait until legal adulthood to be themselves.
Now the question before the Supreme Court in U.S. v. Skrmetti is one of sex-based discrimination. Does Tennessee’s ban on gender-affirming care violate the Constitution because it imposes differential access to hormones and puberty-pausing medications on the basis of sex?
In December’s arguments many of the flawed pseudoscientific justifications for this ban were rehashed, but the justices are tasked with an opinion on the constitutional merits of the case, rather than scientific evidence. Even so, it bears noting that Tennessee’s law is a bad-faith policy that bans medical care in totality over claims that treatment-supporting research doesn’t clear an arbitrary bar set by politicians; especially as they set that bar far above acceptable standards in every other area of medicine.
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With a final decision anticipated this year,…
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