Read a PDF of our statement here.
Today, the U.S. Supreme Court issued a decision in United States v. Skrmetti, affirming a lower court’s decision to uphold a Tennessee law banning medically necessary gender-affirming health care for transgender youth. The court found that the law is not subject to heightened scrutiny under the Fourteenth Amendment’s Equal Protection Clause.
On Sept. 4, 2024, the Legal Defense Fund (LDF) filed an amicus brief in this case, arguing that Tennessee’s health care ban was rooted in animus and violated the Fourteenth Amendment. The brief placed the bill within the broader context of nationwide attacks against LGBTQ+ people and made clear that the ban was grounded in discrimination and would impose devastating consequences for the health and well-being of transgender youth. LDF also highlighted how attacks on LGBTQ+ communities are a racial justice issue that causes significant harms to Black transgender people.
“At the heart of the Fourteenth Amendment is the principle that the law must protect all of us equally, and we are saddened to see the Supreme Court deny this protection to transgender youth,” said Sam Spital, Associate Director Counsel at LDF. “As Justice Sotomayor explained in her dissent, today “the court abandons transgender children and their families to political whims.” Despite today’s decision, LDF is committed to ensuring that the guarantee of equal protection in the Fourteenth Amendment to the United States Constitution is fully and faithfully extended to all people, including transgender and nonbinary people.”
“The Supreme Court’s decision to uphold a law that is grounded in animus and so clearly singles out a particular group for unequal treatment is deeply worrying,” said Avatara Smith-Carrington, Assistant Counsel at LDF. “Laws like Tennessee’s health care ban clearly violate the guarantee of equal protection afforded to all people in the U.S. Constitution and exacerbate already-rampant discrimination against transgender people.”
To learn more about U.S. v. Skrmetti, visit our case page.
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Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957 — although LDF was originally founded by the NAACP and shares its commitment to equal rights.
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