The Trump administration informed the U.S. Supreme Court on Friday that Tennessee’s Republican-backed ban on gender-affirming medical care for transgender minors should not be considered unlawful. This marks a reversal from the position taken by the Biden administration.
The Supreme Court heard arguments on December 4, with conservative justices suggesting they might uphold Tennessee’s law. The case came after the Biden administration appealed a lower court decision that supported the law.
It is now up to the Supreme Court to decide how to move forward. In a letter to the court, Deputy Solicitor General Curtis Gannon urged the justices to proceed with the case instead of dismissing it. He explained that the Department of Justice, after reassessing the issue, concluded that Tennessee’s law does not violate the 14th Amendment’s equal protection clause.
The shift in position reflects the conservative stance on transgender rights under Trump’s second term. Tennessee’s law prohibits medical treatments, such as puberty blockers and hormones, for individuals under 18 who experience gender dysphoria, a condition where a person’s gender identity differs from their sex assigned at birth.
Gannon emphasized that even though the government changed its position, the court should resolve the case promptly. He noted that the outcome would affect many other similar cases currently pending in lower courts.
The court’s current 6-3 conservative majority has led to many state-level restrictions on transgender issues, including bathroom access and sports participation. Tennessee’s law is part of a broader wave of policies targeting transgender rights, passed by conservative lawmakers across the country.
On his first day back in office, Trump signed an executive order against “gender ideology,” asserting that the U.S. government recognizes only two sexes: male and female. He also reversed Biden-era policies aimed at protecting gay and transgender people from discrimination.
Initially, a federal judge blocked Tennessee’s law, ruling it likely violated the 14th Amendment. However, the 6th U.S. Circuit Court of Appeals later overturned this decision.