By now everyone has probably heard about the horrible ruling... and it doesn't make sense when you look at other rulings this court made.
There was Adams v. School Board of St. Johns County (2023) that the Supreme Court refused to hear and let the lower ruling stand that allowed discriminations in healthcare for trans youth to continue in Florida.
In Grimm v. Gloucester County School Board (Virginia) (2021) the Supreme Court let stand a lower court ruling. U.S. District Court, Fourth Circuit Court of Appeals ruled in favor of Grimm and the Supreme Court refused to hear the case.
But the court heard the case of Bostock v. Clayton County (2020) and the majority opinion extending Title VII's prohibition on sex discrimination to include both sexual orientation and gender identity. That case also combined the R.G. & G.R. Harris Funeral Homes Inc. v. EEOC which was a case where a trans woman was fired when she transitioned at work.
Case |
Institution |
Domain |
Protections Affirmed? |
Level of Review |
Significanc |
Bostock |
SCOTUS (2020) |
Workplace (Title VII) |
✅ Strong |
N/A (statutory) |
Established national workplace protections |
Grimm |
4th Circuit (2020); SCOTUS denied cert (2021) |
Schools (Title IX + Equaly) |
✅ Strong in 4th Circuit |
Intermediate scrutiny |
Landmark for trans student rights |
Adams |
11th Circuit (2022) |
Schools (Title IX + Equal Protection) |
⚠️ No |
Intermediate scrutiny |
Created regional conflict (circuit split) |
Skrmetti |
SCOTUS (2025) |
Healthcare (14th Amendment) |
❌ Rejected |
Rational-basis |
Broader rollback on trans youth medical rights |
Justice Neil Gorsuch said in Bostock that “It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”
It seems to me, but I'm not a lawyer that there is disharmony between Bostock and Skrmetti. That the discrimination was base on gender identity and sexual orientation then denying healthcare to trans people is a violation of the Sixteenth Amendment! Instead the majority of the justices ruled that the law is a neutral medical regulation—not discriminatory based on sex. DUH!
Skrmetti arrives five years after Bostock v Clayton County, Georgia, which addressed Title VII of the 1964 Civil Rights Act (the act). The act, among other prohibitions, bars employment discrimination based on “sex.” Bostock held that the act’s prohibition on sex-based discrimination prohibits discriminatory conduct based on transgender identity or sexual orientation. The Equal Employment Opportunity Commission, which oversees and enforces Title VII, has extended Bostock’s holding to the terms and conditions of employment more generally, including employee health benefits.
But the problem is that SB1 does not treat children with gender dysphoria the same as it treats children with analogous diagnoses. The exception in Tennessee’s SB1 results in the creation of two separate classes of care for minors, which depend completely on the minor’s sex assigned at birth. For example, many minors might seek to be medicated to avoid breast tissue from building up. Whether they’re allowed to do so depends completely on their sex assigned at birth: if they were assigned male at birth, they can get the medication. If they are assigned female at birth, they cannot.
In other words: They limited the scope of the ruling so that it would ban us, they didn't look at the Constitutional question.
So what does this say about the future? Well the only thing I can say is:
“You place your bets and spin the wheel — where it lands, nobody knows.”
USWPATH issued this press release....
USPATH & WPATH Condemn Decision in
U.S. v Skrmetti Allowing States to Ban Access to Healthcare for Transgender Youth
Washington, D.C. – Today, in response to the U.S. Supreme Court decision in U.S. v. Skrmetti, which effectively allows states to ban access to care for transgender and gender diverse youth, the United States Professional Association for Transgender Health (USPATH) and World Professional Association for Transgender Health (WPATH), issued the following statement:
“Today’s Supreme Court ruling is a dangerous setback for transgender health and human rights in the United States. This decision will effectively allow states to ban evidence-based gender-affirming healthcare for thousands of transgender and gender diverse youth and their families. Furthermore, it will make it much more difficult to create an evidence base to support access to healthcare of this kind.
A ruling like this does not change the fundamental fact that transgender youth exist, their lives are improved when they can access care and are harmed whenever the government comes in between them and the professional experts trained to provide them this care. Let us be clear – healthcare bans of any kind are rooted in stigma, misinformation, and fear and this one comes at the expense of the youth in need of this care.
USPATH and WPATH stand committed to continuing to provide best-practice guidelines to healthcare professionals around the world and in accordance with the law. And we stand ready to support practitioners, families, patients, and communities working to protect access to lawful care for transgender and gender diverse individuals.”
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