During oral arguments in the landmark Supreme Court case United States v. Skrmetti, Justice Sonia Sotomayor drew a comparison between potential side effects from medical interventions for transgender minors and the risks associated with common medications like aspirin.
Sotomayor stated that "Every medical treatment has a risk, even taking aspirin," emphasizing that a small percentage of individuals may experience adverse effects from any medical treatment. She questioned whether policymakers should weigh the potential harm to a few against the benefits experienced by many when making decisions about medical interventions. The case marks the first time the Supreme Court has addressed the issue of transgender procedures.
The case centers around a Tennessee law prohibiting gender-transition treatments for minors. Tennessee Solicitor General Matthew Rice defended the ban, citing similar restrictions in countries like Sweden, Finland, and the U.K. due to potential irreversible consequences. Justice Clarence Thomas inquired about alternative approaches, but Rice dismissed them as inadequate to fully address the risks.
Rice argued that the decision of balancing risks and benefits of such procedures should be left to legislatures. He highlighted the potential for "detransitioners"—individuals who later regret their transition—as a key concern. The law also targets healthcare providers who offer these treatments to minors, subjecting them to penalties.
The American Civil Liberties Union (ACLU), representing parents of transgender adolescents and a doctor specializing in transgender care, challenged the Tennessee law. The Biden administration joined the lawsuit, citing the case's public significance. Tennessee's Senate Bill 1, passed in March 2023, reflects a broader national debate, with numerous states enacting bans on gender transitions for minors while others have implemented protective measures.
