The Supreme Court heard arguments on Wednesday in just its second major
transgender rights case, a challenge to a Tennessee law that bans gender-
affirming care for minors.

The nation�s top court will weigh whether Tennessee�s law violates the
equal protection clause of the 14th Amendment, requiring that people in
similar circumstances be treated the same under the law. Both sides in the
case say they are acting to protect minors from harm.

At least 26 states have adopted laws restricting or banning such care for
minors, and most of those states face lawsuits.

Here�s the latest:

Strangio: �We will keep fighting�
Chase Strangio, the ACLU attorney who represented the families challenging
the ban, said he was �humbled and honored� to appear before the court.

Strangio said the arguments Tennessee used for its ban could also be used
to justify a national ban. Strangio is the first transgender attorney to
argue before the Supreme Court.

�No matter what happens, we will keep fighting,� Strangio said.

�Each state is allowed to make its own decisions�
Speaking outside the Supreme Court building after the arguments, Tennessee
Attorney General Jonathan Skrmetti said the state�s argument would allow
other states to set their own policies on whether or not to restrict the
case.

�Each state is allowed to make its own decisions,� he said.

Lead co-sponsor of Tennessee�s ban is �hopeful� it will be upheld
�Today marks a pivotal moment in Tennessee and our country�s history. The
Supreme Court of the United States heard oral arguments for a first-of-
its-kind case that shows every state in the country what it really looks
like to stand up for children,� Tennessee state Sen. Jack Johnson said in
a statement.

Miss the hearing?
Listen in full here.

Arguments begin at 1:12:38.

Prelogar pushes in her closing arguments for a narrow ruling
She pointed out that the arguments in favor of Tennessee�s law could also
potentially support nationwide restrictions on transgender health care for
minors.

The issue could remain at the center of the political conversation after
the inauguration next month of President-elect Donald Trump, who made
opposition to transgender rights central to his campaign�s closing
message.

Arguments have concluded
The arguments in front of the justices wrapped up after more than two
hours.

Rice argues Tennessee�s law doesn�t discriminate based on sex
�Our fundamental point is there is no sex-based line here,� Rice said.

Rice argued that the Tennessee law is instead aimed at the purpose of the
treatment.

Children can get puberty blockers to treat early onset puberty, but not as
a treatment for gender dysphoria.

Justices again ask about the implications of Tennessee�s law in other
areas
Justice Amy Coney Barrett asked Tennessee Solicitor General Matt Rice
about the possible impact of both laws restricting women and girls from
women�s and girls� sports competitions � and those that keep them out of
women�s and girls� bathrooms in schools or other public buildings.

At least 24 states have sports laws. At least 11 have bathroom laws.

Where the justices seem to be leaning so far
The court�s three liberal justices seem firmly on the side of the Biden
administration and the families who are challenging the Tennessee law.

But it�s not clear that any of the court�s six conservatives will go
along.

Five conservatives have voiced varying degrees of skepticism of the
challengers� arguments. Gorsuch has yet to say anything.

Tennessee�s state solicitor general begins arguments
Tennessee Solicitor General Matt Rice is now before the court to defend
the state�s law, following the conclusion of ACLU attorney Chase
Strangio�s time at the podium.

Strangio cites laws against cross-dressing and more as examples of �de
jure�
Justice Amy Coney Barrett earlier had asked if there were examples of �de
jure,� or by law, discrimination against transgender people rather than
private discrimination.

Strangio cited laws against cross-dressing and previous bans on military
service by transgender people.

President Joe Biden in 2021 reversed a Trump-era policy that largely
barred transgender people from serving in the military. Trump has
indicated he plans to reinstate that ban when he takes office in January.

Roberts suggests lawmakers should make the decision on such care � not
judges
�The Constitution leaves that question to the people�s representatives,
rather than to 9 people, none of whom is a doctor,� Roberts said in
questioning Strangio.

Alito seems skeptical about whether gender-affirming care reduces suicide
risk
Strangio notes that multiple studies show the care reduces the risk of
depression and suicidality.

Transgender youth in the United States have been flooding crisis hotlines
since the election of Donald Trump, who made anti-transgender themes
central to his campaign.

ACLU attorney begins arguments
ACLU attorney Chase Strangio has begun his arguments against Tennessee�s
ban. He follows U.S. Solicitor General Elizabeth Prelogar, who finished
answering questions after spending more than an hour at the podium.

Brown Jackson references Loving v. Virginia decision
Justice Ketanji Brown Jackson said she saw some parallels between the case
and a 1967 landmark decision that legalized interracial marriage.

She said that in the Loving case, which addressed a Virginia law,
�everyone seemed to concede that a racial classification was being drawn
as a starting point. The question seemed to be whether it was
discriminatory.�

Barrett sounds skeptical of the government�s argument
Barrett wasn�t on the court when the 2020 case was decided so this is her
first time diving into the issue as a justice.

She sounded skeptical of the administration�s argument that the law
discriminates because of sex. She was equally skeptical that the court
should for the first time declare that discrimination against transgender
people should be viewed as similar to bias based on race, sex and national
origin, all of which have a special legal status.

Barrett said transgender people have not experienced the same long history
of discrimination written into the law in the same way those other groups
faced.

�All other suspect classes do have that long de jure history of
discrimination,� Barrett said, using the Latin phrase for �according to
law.�

Kavanaugh asks about sports participation
Justice Brett Kavanaugh, who has coached his daughters� youth basketball
teams, asked about the impact of a ruling on gender-affirming care in that
realm.

�If you prevail here on the standard of review, what would that mean for
women and girls sports?� he asked. �Would transgender athletes have a
constitutional right to participate in girls� sports?�

At least 24 states have adopted restrictions on transgender women and
girls in women�s and girls� sports competitions. There have also been
legal challenges to those laws, with mixed verdicts so far.

Prelogar said that�s a different issue and suggested the court could say
in an opinion that sides with her argument that the Tennessee law would
not impact the sports issue.

Kavanaugh expresses concern about patients who later change their minds
�How do we as a court choose which set of risks is more serious in
deciding whether to constitutionalize this whole area?� Kavanaugh said.

Research and reports from individual doctors and clinics suggest that
detransitioning is rare.

Kagan asks if all bans on such care for minors would need to be struck
down
Twenty-six states have passed versions of bans.

Prelogar said some might stand up to heightened scrutiny by courts than
others.

�We do think there is a real space for states to regulate here,� Prelogar
said.

She pointed to West Virginia�s as one that might fare better because it
gives a path for treatment for teens who are considered by medical
providers to be at risk for self-harm or suicide.

�Some children suffer incredibly with gender dysphoria�
During questioning by Justice Sonia Sotomayor, Prelogar noted that every
major medical organization has supported gender-affirming care for
transgender youth, and many have filed briefs supporting the challenge to
Tennessee�s law.

�Some children suffer incredibly with gender dysphoria, some attempt
suicide,� Sotomayor said.

The groups include the American Medical Association and the American
Academy of Pediatrics.

Prelogar is focusing on the sex-based nature of Tennessee�s law
Justices Thomas and Alito both asked about when the states can and cannot
have sex-based laws.

�We think the court just needs to recognize the sex-based classification
and send this case back,� Prelogar said, adding that the treatments can be
�critical, sometimes lifesaving, care to individuals with severe gender
dysphoria.�

Tennessee�s law bars puberty blockers and hormone treatment only for
transgender minors.

A reminder of the Justices to watch
The votes of Chief Justice John Roberts, Justice Neil Gorsuch and Justice
Amy Coney Barrett probably will decide this case.