On a frosty Wednesday morning, the Supreme Court convened for a session destined for the history books—or maybe just another chapter in America’s never-ending culture wars. US v. Skrmetti, a case that sounds like a spelling bee contestant’s worst nightmare, carries a weighty question: Can states ban gender-affirming care for minors?
Spoiler alert: The conservative majority seems poised to say, “Yes, we can!” But what unfolded in those hallowed chambers offered more drama than a daytime soap.
Legislatures vs. Courts: Whose Playground Is It Anyway?
Chief Justice John Roberts and Justice Brett Kavanaugh played referee between legislative power and judicial intervention. Both leaned hard into the idea that lawmakers—those paragons of medical expertise—should decide whether minors can access puberty blockers and hormone therapy.
Roberts, channeling his inner Dr. House, argued the case was uniquely medical and too complex for courts to handle. “Isn’t this better left to legislatures?” he mused, as if state houses weren’t already mired in battles over TikTok bans and naming state reptiles. Kavanaugh echoed the sentiment, balancing risks and benefits like a philosophical seesaw. In his world, it’s not about what’s right; it’s about what feels right to a legislature.
The “Detransitioners” Debate: Conservatives Find Their Unicorns
Justice Samuel Alito went full philosopher, grilling Chase Strangio, the ACLU’s transgender lawyer, on whether transgender status is “immutable.” Spoiler: It is. But Alito, undeterred, dove into “detransitioners,” a tiny but oft-cited group who regret their gender-affirming care.
Kavanaugh chimed in, raising hypothetical harms like lost fertility and regret, ignoring data showing such regret is as rare as a bipartisan hug. But who needs science when you have anecdotes?
Kavanaugh’s Other Hobby: Girls’ Sports
In a plot twist no one asked for, Kavanaugh veered into girls’ sports, envisioning a dystopian future where fairness crumbles under a tidal wave of transgender athletes. Never mind that this case isn’t about sports. He clearly couldn’t resist a callback to his basketball-coaching days—a legacy so profound his daughters’ teams made it to his confirmation hearing.
Neil Gorsuch: The Silent Type
Justice Neil Gorsuch, often an unpredictable vote, remained as silent as the empty seats at a 7 a.m. gym class. Maybe he was pondering his 2020 opinion in Bostock v. Clayton County, which protected transgender employees. Or maybe he was deciding what to order for lunch. Either way, his silence felt deafening, particularly to Solicitor General Elizabeth Prelogar, who stared him down like a high-stakes poker player.
Parental Rights: The Wild Card
Justice Amy Coney Barrett, ever the legal chess master, played the parental rights card. Could parents claim a constitutional right to make medical decisions for their kids, even if Tennessee wins? Both sides agreed: Yes, they could. It’s a question likely to spark future legal battles, proving this case is just the appetizer in America’s anti-transgender buffet.
Chase Strangio: A History-Making Advocate for the Marginalized
Amid the legal posturing and hypothetical debates, Chase Strangio stood as a beacon. As the first openly transgender lawyer to argue before the Supreme Court, he didn’t just defend the rights of trans youth—he made history. His argument? Tennessee’s ban “has taken away the only treatment that relieved years of suffering for these plaintiffs.”
Outside, cheers erupted as Strangio addressed a crowd of frozen-but-determined trans rights advocates. His message was clear: The fight doesn’t end with the Supreme Court’s decision. It’s a marathon, not a sprint, and this community is here to stay.
The Bigger Picture: Bans Today, What Tomorrow?
If Tennessee’s law is upheld, it could open Pandora’s box for nationwide bans targeting not just minors but all transgender individuals. Elizabeth Prelogar warned the court: Tennessee’s logic doesn’t stop at kids. It’s a slippery slope that LGBTQ advocates argue is part of a broader strategy to legislate transgender people out of existence.
The Verdict? Brace for Impact
Whatever the Supreme Court decides, the fallout will ripple far beyond Tennessee. For trans youth, their families, and advocates, the stakes couldn’t be higher. But as Strangio said, this fight is far from over. Whether in the courtroom, on the streets, or in the icy shadow of the Supreme Court, the message is clear: Transgender rights are human rights, and this battle isn’t going anywhere.
So buckle up, America. The culture wars are alive, well, and fueled by legislative overreach, questionable logic, and a touch of judicial drama. Welcome to 2024.
