Dueling rallies outside Supreme Court as justices hear transgender rights case

Hundreds of demonstrators gathered outside the Supreme Court Wednesday as justices heard a landmark case on transgender rights. 

Inside the court, attorneys for transgender minors and the Biden administration argued that Tennessee’s law banning puberty blockers, hormone replacement therapy, and related surgeries for those under 18 unlawfully discriminates based on sex. The case is known as United States v. Skrmetti. 

The Tennessee law allows minors to receive treatment for early puberty or congenital disabilities, but children are not allowed to access those same treatments for transitioning purposes. 

Those gathered in front of the Supreme Court steps separated themselves by opinion – those in favor of allowing transgender youth to access puberty blockers and other similar treatments gathered on the left—those against it and in support of the current Tennessee ban gathered on the right side. 

Lawmakers and advocates spoke to their respective supporters simultaneously through bullhorns on platforms only several feet apart. Meanwhile, listeners adorned with LGBTQ+ flags, insignia and signs about protecting children cheered and booed in the cold as the justices heard arguments in the building behind them. 

A ‘distraction’ from other issues?

D.C. resident Ari Bandy, a transgender Tennessee native, underwent gender-affirming care as an adult.

“Tennessee was a dangerous environment to be visibly queer, and after moving to D.C. specifically to get out of Tennessee, I wasn’t burdened by stricter diagnostic requirements and could get it [treatment] here,” Bandy said.

“These kinds of laws have a measurable death toll,” Bandy told The Wash during Wednesday’s demonstration, adding that being denied access to this kind of care “results in alienation and really poor mental health.”

“It’s a distraction from the real healthcare reform that Tennessee needs and serving the southern opioid crisis and the immense amounts of poverty in our state,” said Bandy.

Laws restricting transgender medical treatment for youth have passed in 26 states, according to CNN, so the Supreme Court’s ruling could have implications beyond Tennessee. 

Lawyer Brian Burgess represents conservative officials, advisors, and activists who want to strike down the ban, in part because it infringes on parental rights.

This is “going to be an important case for understanding how this current court is going to be approaching equal protection analysis as it implicates issues of gender and gender identity,” said Burgess, author of an amicus brief in support of the teens who brought the case to the court. 

Parents divided

The Supreme Court chose not to address the question of parental approval for these kinds of treatments during arguments, instead focusing primarily on the issue of sex discrimination. However, this was still an important issue for demonstrators outside.

“I think that parents have a right to make decisions for their child’s welfare and their medical decisions, and I don’t believe that doctors or schools or anybody should be hiding those types of things from the parents,” said Jen Donnelly, who serves as chair for the Prince William County, Virginia, Chapter of Moms for Liberty. She said she supports Tennessee’s ban.

Rep. Marjorie Taylor Greene, R-Ga., known for her far-right views, including on LGBTQ+ issues, spoke at the rally in support of Tennessee’s ban. She told The Wash before taking to the platform, “I’m here to declare that God only made two genders, male and female.”

“Children need to be let alone. They need to be allowed to grow up.” Greene said. “No one should mutilate their genitals, perform surgeries on them, or give them dangerous medicines and chemicals.” 

Alex Shalom, co-author of an amicus brief representing expert researchers and physicians in support of the petitioner, told The Wash, “Every established medical agency that has looked at gender-affirming care for children believes that it’s appropriate in particular situations, when the child and the parents want it, and when the doctor thinks it’s appropriate.” 

He cited research from the American Medical Association and American Psychological Association.

“At the center of this case, there are real children and their families who are worried about their safety and their ability to access life-saving health care,” said Shalom. 

This is the second major transgender rights case to reach the U.S. Supreme Court. In 2020, the court ruled in a 6-3 majority that workplace sex discrimination laws protect transgender people in a case known as Bostock v. Clayton County, Missouri.

Biden administration attorneys argued Wednesday on behalf of transgender youth. That support could change with the next administration. President-elect Donald Trump has vowed to restrict access to medical treatment for transgender people.

The U.S. Supreme Court is expected to issue a decision by June.