Issue
This case concerns the constitutionality of Tennessee’s Senate Bill 1, which bans several forms of gender-affirming care for transgender people under 18. Under the law, health care providers who prescribe, administer, or dispense puberty blockers or gender-affirming hormones to minors could face thousands of dollars in penalties, professional discipline, and potential civil liability. In July 2023, the Sixth Circuit Court of Appeals ruled that the ban could take effect. This prompted the plaintiffs and the U.S. government to appeal to the U.S. Supreme Court.
Impact
Approximately 1.6 million people in the U.S., including 300,000 youth aged 13-17, identify as transgender. Before 2020, no state law categorically prohibited transgender Americans from accessing puberty-blocking medication or gender-affirming hormone therapy. However, since 2020, 24 states have enacted laws banning or limiting access to this gender-affirming care, affecting more than 100,000 transgender youth. Senate Bill 1 would prevent up to 3,100 estimated transgender youth in Tennessee from accessing care.
Summary
The brief provides information about the U.S. population of transgender individuals, data on access to puberty-blocking medication and gender-affirming hormone therapy, and the number of youth and adults who could be affected by Tennessee’s ban and similar bans across the country. Scholars explain that the distribution of states with bans on gender-affirming care creates regional disparities which may unevenly burden transgender youth in some states. Research shows that transgender youth in the South and Midwest are more likely to face restrictions on access to gender-affirming care than youth in other parts of the country. Scholars also describe potential racial disparities based on the distribution of bans and provide evidence that Black Americans may be disproportionately affected by the bans.