The Supreme Court's conservative majority expressed skepticism during a recent hearing regarding a challenge to a Tennessee law that prohibits gender-affirming care for minors. The justices raised concerns about whether such complex issues should be decided by elected lawmakers rather than the courts.
Chief Justice John Roberts highlighted the lack of expertise in the matter, suggesting that it may not be suitable for judicial intervention. Justice Brett Kavanaugh echoed this sentiment, questioning whether transgender care should be left to the democratic process.
On the other hand, the court's liberal justices showed strong support for the Biden administration and transgender youth who opposed Tennessee's law. Justice Elena Kagan disputed Tennessee's argument that the law is not based on sex, emphasizing that the medical purpose of gender-affirming care is inherently linked to sex.
Justice Ketanji Brown Jackson expressed concern about her colleagues' inclination to defer the decision to lawmakers, describing it as a way to avoid addressing the issue directly.
Notably, Justice Neil Gorsuch, a pivotal conservative voice, remained silent throughout the proceedings, leaving his stance uncertain. Gorsuch had previously authored a significant opinion protecting transgender employees from discrimination in the workplace.
The case, which involves challenges to laws in nearly half of the nation's states that ban puberty blockers and hormone therapy for transgender minors, is expected to have a decision announced later this summer.
