SCOTUS Decision in Youth Gender-Affirming Care Case Will Endanger Young Lives

The Decision in U.S. v. Skrmetti Will Functionally Uphold State Bans on Care For Transgender Youths

LAS VEGAS – Today, the U.S. Supreme Court ruled in U.S. v. Skrmetti that a Tennessee law banning some gender-affirming care for minors did not constitute sex discrimination under the 14th Amendment, functionally upholding similar bans in states across the U.S. Such laws have been linked to an increase in suicide attempts by transgender and non-binary youth by as much as 72 percent. It also comes despite the fact that every major medical association in the U.S. recognizes the necessity of gender-affirming care.

Andre Wade, State Director of Silver State Equality, issued the following statement:

"Healthcare decisions should be made between doctors, parents and children. This ruling permits the government to intrude into deeply personal medical decisions. It is a shameful and dangerous setback for transgender youth, their families, and every person who believes in freedom and bodily autonomy.

The Court has chosen politics over people and is allowing states to strip transgender kids of the care they need to survive. Under Nevada law, transgender youth still have the right to access medical care, and families and doctors still have the freedom to make their own medical decisions free from political interference. This decision does nothing to change that. Sadly, for families in Tennessee and the 24 other states with similar bans in effect, this decision threatens their well-being, the safety of our communities, and the ability of every family to determine what’s best for them.

Healthcare for transgender youth is supported by every major medical association in the United States. Denying this care is not only medically unsound - it’s cruel. It puts transgender youth at greater risk of depression, anxiety, and suicide, and sends a chilling message that their lives are not worth protecting.

As Justice Sotomayor stated in her dissent, ‘The majority subjects a law that plainly discriminates on the basis of sex to mere rational-basis review. By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims…It also authorizes, without second thought, untold harm to transgender children and the parents and families who love them. Because there is no constitutional justification for that result, I dissent.’

While today’s decision is devastating, it is not the end. There is still strong precedent showing that attacks targeting a minority group based on animus do indeed violate the Equal Protection Clause. We will continue to battle fiercely against Donald Trump and his fellow extremist politicians as they attack the rights and dignity of transgender people and their families.

Silver State Equality remains committed to fighting alongside our partners to ensure that every transgender person—especially youth—can access the care they need, regardless of the state they call home. Transgender people are not alone in this fight. Our community has faced relentless attacks before. Silver State Equality will continue to stand together, fight back, and push forward until every transgender person can live freely, safely, and with dignity. Until the work is done.”

Shelbie Swartz, Executive Director of Battle Born Progress, issued the following statement:

“Today, the Supreme Court abdicated its responsibility to safeguard the rights of our children in favor of a political culture war. Make no mistake: This decision can and will risk the lives of transgender youth. No amount of splitting judicial hairs from the conservative majority will change that. And now, instead of receiving the care they need, the Supreme Court has opened the door to countless injustices against a minority being targeted simply for who they are. Families in Nevada and across this country deserve more from their elected leaders and the judges who now hold their lives in the balance.”

Sue Burtch, Executive Director of Nevada NOW, issued the following statement:

“There’s no place for politics in a gender affirming medical care decision. We should always respect the decisions made by the patient, their loved ones, and the physician. Transgender youth deserve the care they need to live their lives authentically.”

Sam Shaw, Executive Director of SEIU Local 1107, issued the following statement:

"SEIU 1107 members are extremely disappointed that the partisanship that has plagued Congress and the Presidency has trickled into our Nation’s highest courts. Today, the Conservative Justices decided to put children’s lives in jeopardy and deny the right to life-saving treatments, and continue to uproot families and communities across the country. We demand our Representatives and future rulings consider the impacts on our youth’s health and stop further eroding of our constitutional rights.”

Taylor Patterson, Executive Director of Native Voters Alliance Nevada, issued the following statement:

“While the Supreme Court’s erroneous decision today doesn’t currently affect transgender or 2 Spirit youth of Nevada, we recognize the continuously growing trend of anti-trans sentiment and violence across the U.S. These youth and their families deserve dignity, privacy, and the right to make their own decisions free from government overreach. Transgender and 2 Spirit folks have existed since time immemorial and nothing–not even today’s decision–will stop us in the fight for the rights of transgender youth across the U.S.“

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