California Attorney General Rob Bonta has led a coalition of 20 attorneys general in filing an amicus brief with the U.S. Supreme Court in the case of U.S. v. Skrmetti. The coalition is urging the Court to overturn a Sixth Circuit Court of Appeals decision that upheld Tennessee's Senate Bill (SB) 1, which bans gender-affirming care for transgender adolescents experiencing gender dysphoria.
In April 2023, plaintiffs in L.W. v. Skrmetti sought to block SB 1, which prohibits medical professionals from treating transgender adolescents with puberty blockers and hormone therapy, regardless of medical necessity as determined by the minor, their parents, and healthcare providers. The amicus brief argues that this ban constitutes discrimination based on sex and transgender status and violates the Equal Protection Clause of the U.S. Constitution.
"Amidst a growing assault on LGBTQ+ rights nationwide, it is crucial to safeguard and uphold health care rights and freedoms for all, particularly our most vulnerable communities," said Attorney General Bonta. "In our ongoing efforts to ensure equal and uninterrupted medical care for everyone, I urge the Supreme Court to reverse the lower court’s ruling. Tennessee's discriminatory law only serves to further marginalize transgender individuals and put their lives at risk."
Attorney General Bonta previously led a coalition supporting the plaintiffs in August 2023, emphasizing the importance of gender-affirming care for transgender youth's health and well-being. A district court initially ruled that SB 1 likely violated the Equal Protection Clause and granted a preliminary injunction against it; however, this decision was reversed by the Sixth Circuit Court of Appeals.
Gender dysphoria arises from incongruence between one's gender identity and assigned sex at birth, often causing severe distress if untreated. Research indicates higher rates of anxiety, depression, social dysfunction, substance misuse, poorer quality of life, and suicide attempts among transgender individuals compared to the general population.
The coalition's amicus brief highlights three main points:
- SB 1 significantly harms transgender adolescents' health by denying medically necessary care.
- It discriminates by banning treatment for transgender youth while allowing it for cisgender youth.
- It violates the Equal Protection Clause as Tennessee cannot justify categorically denying beneficial care to a vulnerable group.
Joining Attorney General Bonta are attorneys general from Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey New York Oregon Pennsylvania Rhode Island Vermont Washington and the District of Columbia.
A copy of the amicus brief is available here.