The Supreme Court on Wednesday upheld Tennessee’s ban on gender-affirming care for transgender minors in a 6-3 decision.
The plaintiffs in the case U.S. v. Skrmetti included three Tennessee families with transgender teenagers, a doctor who provides gender-affirming care and the American Civil Liberties Union, who said that the state’s ban discriminated against the minors on the basis of sex. They argued they were being denied equal protection under the law, as the same medications that are banned for transgender minors are allowed for minors with conditions like endometriosis and early or late onset puberty.
Since 2021, 25 states have banned gender-affirming care for transgender youth. More than 100,000 transgender minors live in a state with a ban, according to Equality Maine.
Maine is one of 23 states not impacted by this ruling, as state law still allows for gender-affirming care for minors. And last year, the Maine Legislature passed a shield law that protects reproductive and gender-affirming health care providers in Maine from civil or criminal challenges from states where such care is illegal.
“The Supreme Court’s ruling on US v. Skrmetti is ultimately disappointing, but we want to remind you it doesn’t take away trans youth’s access to gender-affirming care here in Maine,” said Gia Drew, executive director of EqualityMaine.
Gender-affirming care refers to a wide range of support, including nonmedical care like using chosen names and pronouns and changing how people present physically. Medical treatments may include consultations with doctors, therapy, puberty blockers and hormones, and in rare cases, surgeries. The American Medical Association and the American Academy of Pediatrics broadly support gender-affirming care for minors.
In late January, President Donald Trump issued an executive order restricting federal funds from supporting gender-affirming care for people under 19.
“It is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called 'transition' of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures,” the executive order said.
In February, Maine Attorney General Aaron Frey joined 14 other states in rejecting the president’s efforts, promising to challenge unlawful action by the Trump administration to restrict gender-affirming care in their states.
Research has shown that young people who experience gender dysphoria are at a high risk of depression and suicide.
Maine TransNet Co-Executive Director Kris Pitts said while the decision was extremely disappointing, there is strong community support in Maine.
"We’re here in Maine, where things are pretty stable, things are pretty positive, and so we need to keep that momentum going," Pitts said. "We don't want to lose ground, and we need to continue to be a safe place for people to come and to build community.”
In a statement, Maine TransNet said the Supreme Court was overriding the needs and medical decisions of transgender minors, their families and their health care providers.
“This ruling does not change what we know to be true, and will never stop fighting for: Trans youth deserve the same rights and protections as their peers, and to grow into happy and thriving adults in a world that is safe and just for all trans people,” the statement said.
The Supreme Court decision fell on ideological lines, with the three liberal justices dissenting. Justice Sonia Sotomayor said in her dissent that the decision “abandons transgender children and their families to political whims.”
Tennessee Attorney General Jonathan Skrmetti, a Republican who argued the case at the court, called the decision a “common sense” win over “judicial activism.”
Earlier this week, Maine lawmakers rejected eight bills targeting transgender rights, including one to amend laws on gender affirming care.
