Rocky Mountain Equality, a LGBTQ+ non-profit and 501c3, announced that a rally will take place today, June 18 at the Boulder County Courthouse at 3:30 p.m. in response to the Supreme Court decision made today in Skrmetti v. United States. In a 6-3 vote this morning, the justices of the Supreme Court upheld Tennessee’s ban on gender-affirming care procedures for minors.
The ruling only applies directly to the state of Tennessee, but it may be used as a precedent for other states to ban puberty blockers, surgeries, and gender-affirming hormones for minor-aged children. As of now, 27 states have passed laws that restrict access to gender-affirming medical care for minors.
The majority opinion with Justices Roberts, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett found that Tennessee’s law does not discriminate against anyone on the basis of sex or transgender status.
Justice John Roberts delivered the majority opinion and said that “the Court’s role is not ‘to judge the wisdom, fairness, or logic’ of SB1, Beach Communications, 508 U. S., at 313, but only to ensure that the law does not violate equal protection guarantees. It does not. Questions regarding the law’s policy are thus appropriately left to the people, their elected representatives, and the democratic process.”
Justice Sotomayor wrote the dissenting opinion arguing that the Tennessee law does discriminate against sex by allowing a particular sex access to medication to treat precocious puberty, but not for gender dysphoria. “The problem with the majority’s argument is that the very ‘medical purpose’ SB1 prohibits is defined by reference to the patient’s sex,” Sotomayor wrote. “Key to whether a minor may receive puberty blockers or hormones is whether the treatment facilitates the ‘medical purpose’ of helping the minor live or appear ‘inconsistent with’ the minor’s sex.”
The majority argued that while puberty blockers are permitted for treating conditions like precocious puberty, using them to treat gender dysphoria is categorically different under the law. They contend that this distinction applies equally regardless of a patient’s sex.
In an earlier press release this morning, Rocky Mountain Equality called attention to two state-wide initiatives that are in progress. Initiative #70 would ban transgender youth from participating in sports with the gender that aligns with their identity. Initiative #71, as described by its proponents, would ban surgeries for minors under 18 that they say ‘alter the minor’s biological sex characteristics.’ Critics argue this targets gender-affirming care for transgender youth.
The American Academy of Pediatrics and the American Medical Association both strongly support providing gender-affirming care to minors.
The Supreme Court ruling today has no direct impact on access to transgender-related healthcare in the state of Colorado.
