Court will hear arguments over Tennessee’s ban on gender-affirming care

Legal Compliance

Advocates for transgender rights are turning to a conservative-dominated Supreme Court after a presidential election in which Donald Trump and his allies promised to roll back protections for transgender people.

The justices on Wednesday are taking up the issue of gender-affirming care for transgender minors, which has been banned by Tennessee and 25 other Republican-led states.

The fight over whether transgender adolescents can access puberty blockers and hormonal treatments is part of a broader effort to regulate the lives of transgender people, including which sports competitions they can join and which bathrooms they can use.

Trump backed a national ban on such care as part of his 2024 campaign in which he demeaned and mocked transgender people.

In its waning days, the Biden administration, along with families of transgender adolescents, will appeal to the justices to strike down the Tennessee ban as unlawful sex discrimination and protect the constitutional rights of vulnerable Americans.

“The stakes are high, of course, for transgender adolescents, but also for the parents who are watching their children suffer, who are just trying to do right by their kids,” Chase Strangio, who represents the families at the Supreme Court, said in an interview. Strangio, a lawyer for the American Civil Liberties Union, will be the first openly transgender person to argue before the high court.

A lawyer for Tennessee will argue that the “life-altering gender-transition procedures” are risky and unproven and that it’s the state’s role to protect children.

Trump nominated three justices in his first term who pushed the court in a more conservative direction that included the decision in 2022 overturning the landmark Roe v. Wade ruling, which had protected abortion rights for nearly 50 years.

Yet one of Trump’s appointees, Justice Neil Gorsuch, also authored a ruling in 2020 that protected LGBTQ people from discrimination in the workplace under federal civil rights law.

The administration and transgender families both rely on that decision to bolster their arguments.

After Trump takes office on Jan. 20, 2025, it’s possible the new administration could weigh in on the case, which is not expected to be decided until the spring.

There are about 300,000 people between age 13 and 17, and 1.3 million adults who identify as transgender in the United States, according to the Williams Institute at the UCLA School of Law. The Williams Institute is a think tank that researches sexual orientation and gender identity demographics to inform laws and public policy decisions.

Most Republican-controlled states have adopted a ban similar to the one in Tennessee, and those laws mostly are in effect, despite legal challenges. The Tennessee case is the first time the nation’s top court will consider the constitutionality of the bans.

Sivan Kotler-Berkowitz, a 20-year-old college student in Massachusetts who is transgender, said his life would have been very different if he were just a few years younger and living in one of the states.

“These bans are denying people the opportunity to live and excel,” he said in an interview. “There are thousands of transgender youth across the country that are thriving just like me because we’ve had the love and understanding of our families and because we’ve had access to proper care.”

The bans in Tennessee and elsewhere have put families in the position of deciding whether to travel for ongoing health care, go without or wait until their children turn 18.

Erin Friday, a leader of Our Duty, an international group that supports the bans on gender-affirming care for minors, said the case is going to be as important as Roe v. Wade. She said upholding the Tennessee law would bolster the cases for the laws restricting sports participation and bathroom use.


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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.