History was made Wednesday when ACLU attorney Chase Strangio pleaded for the medical rights of transgender youth—and became the first transgender person to argue before the Supreme Court while doing so.
The case in question, United States v. Skrmetti, challenges a Tennessee law currently in place which bans transgender minors from accessing gender-affirming medical care such as puberty blockers.
While advocates anxiously await the Supreme Court’s decision, Daily Kos spoke with Gillian Branstetter, a spokesperson for the ACLU’s Women’s Rights Project and LGBTQ & HIV Project, about why this ban must be deemed unconstitutional and what this ruling could mean for every American.
Branstetter explained that this “wave of laws targeting transgender people”—referencing bathroom and military bans—is ‘life-threatening” to many trans youth and adults.
Legislation targeting transgender people skyrocketed since 2020 across the U.S., with conservative lawmakers introducing over 400 anti-trans bills in 2022 alone.
But how can states get away with banning access to medical care? Branstetter explains that bigoted lawmakers in Tennessee are relying on the same Supreme Court decision that took away women’s rights to abortion.
“…It’s the exact same politicians and the exact same activists banning abortion who are targeting [the trans community],” she said.
“The state of Tennessee is trying to rely on the Supreme Court Dobbs opinion in order to justify banning this care,” she added, explaining that these lawmakers are “functionally asking the Supreme Court to expand the reach” of the devastating and partisan ruling that overturned Roe v. Wade.
“If you are somebody who cares about individual liberty and bodily autonomy and pluralism and freedom and these really bedrock liberal principles, then I think you too should be alarmed by the swiftness of these bans, and you, too, should be invested in the outcome of this case,” Branstetter warned.
When asked about critics who argue that puberty blockers and other forms of treatment for transgender people should only be available to those age 18 or older, Branstetter pointed out that allowing children to go through with puberty that doesn’t align with their gender identity creates more harm.
“I think what comes to mind for most people is the idea that young folks might change their mind and request these changes,” she said. “But of course, leaving them to experience their puberty also leaves them with permanent physical changes that could require extensive surgery and medical care to reverse [should they have to wait until they are 18].”
The bigots targeting transgender medical access have been quick to turn toward studies like one carried out in Finland, which argues that access to gender-affirming care didn’t have any positive impact on suicide rates.
More recently, a study here in the U.S. that found puberty blockers did not lead to significant mental health improvements was not made public because the doctor in charge of the study feared its results might be “weaponized” by those intent on blocking treatment for transgender minors.
An older Dutch study showed puberty blockers had a positive impact, which further muddied the arguments being waged on both sides of the issue. But Branstetter pointed out that this type of medical care is extremely individualized and must be evaluated by a medical professional on a case-by-case basis.
“I have never spoken with a medical provider that affords his care without parental consent,” she added.
Branstetter also provided examples of families who were forced to completely uproot their lives and move to a state with medical access for their transgender children.
“I think that's important for folks to understand. Think of what it would take for you to relocate your family to an entirely new place, to find new housing, to find new jobs, to find new schools, to find new caregiving arrangements, to build a new life and an entirely new place,” she said.
“And then ask yourself, would you do that for anything short of essential for your child's future and well-being? Because that is what these families are being forced to do. Those are the decisions these families are being forced to make by these politicians.”
Branstetter highlighted Donald Trump’s $21 million attack on transgender people in the last month of his presidential campaign alone.
“We are staring down the barrel of an incoming administration that ran on a campaign of absolute animosity and hatred aimed squarely at transgender people,” Branstetter warned.
As for how everyday citizens can get involved at the ground level, Branstetter said it’s imperative for people to find local and grassroots trans-rights organizations or get involved with state or local ACLU affiliates.
“No matter where you live in this country, there are trans people in your very backyard fighting for their safety and their dignity,” she said.
The Supreme Court, which Trump stacked with three picks during his initial term as president, is expected to announce a ruling on the pivotal case in spring or early summer 2025, according to the ACLU.
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