In a landmark moment for both the legal and LGBTQ+ communities, American Civil Liberties Union’s (ACLU) lawyer Chase Strangio is set to make history this December as the first openly transgender attorney to argue before the U.S. Supreme Court. Strangio will present arguments in opposition to Tennessee’s Republican-backed law banning gender-affirming medical care for transgender minors. This case could have profound implications for transgender rights across the country.
Challenging Tennessee’s law
The case revolves around Tennessee’s controversial legislation, which prohibits minors from receiving gender-affirming medical care, including hormone therapy and surgeries, aimed at treating gender dysphoria. Strangio, 41, who has been a prominent advocate for transgender rights, represents a group of transgender plaintiffs challenging the law, arguing that it violates the U.S. Constitution’s 14th Amendment by discriminating against transgender adolescents.
The U.S. Supreme Court will hear arguments on December 4, after the Biden administration filed an appeal challenging a lower court’s ruling that upheld Tennessee’s ban. The court’s decision to hear the case has drawn national attention, as it will likely set a precedent for how similar laws are treated across the country.
Strangio’s role and expertise
As the co-director of the ACLU’s LGBTQ & HIV Project, Strangio has led numerous legal battles opposing state laws targeting transgender individuals. ACLU Legal Director Cecillia Wang described Strangio as the nation’s foremost legal expert on transgender rights. “He brings to the lectern not only brilliant constitutional lawyering but also the tenacity and heart of a civil rights champion,” Wang said.
Strangio’s legal career has been marked by high-profile victories, including representing Gavin Grimm, a transgender student who fought for the right to use the school bathroom matching his gender identity, and Chelsea Manning, a transgender former U.S. soldier imprisoned for leaking classified documents.
The broader legal battle
Tennessee’s law is part of a broader wave of legislation in 22 states that restricts gender-affirming care for minors. Lawmakers supporting these measures argue that such treatments are experimental and potentially harmful. However, leading medical organizations contend that gender-affirming care can be life-saving, especially for adolescents with gender dysphoria, a condition associated with higher rates of suicide.
Plaintiffs in the Tennessee case, including transgender minors and their parents, have argued that the treatments have greatly improved their well-being. The Justice Department, which has intervened in the lawsuit, stated in a filing that the law’s “declared purpose is to enforce gender conformity and discourage adolescents from identifying as transgender.”
The constitutional debate
The plaintiffs contend that the Tennessee law violates the Equal Protection Clause of the 14th Amendment, which guarantees equal rights regardless of sex and transgender status. A federal judge had initially blocked the law, ruling that it likely violated the Constitution. However, the Cincinnati-based 6th U.S. Circuit Court of Appeals reversed the injunction in a 2-1 decision, allowing the law to stand pending further review.
Tennessee Attorney General Jonathan Skrmetti, defending the state’s actions, said in a legal filing, “Tennessee lawfully exercised its power to regulate medicine by protecting minors from risky, unproven gender-transition interventions.”
A decisive moment for transgender rights
The case is one of several the Supreme Court has heard in recent years that could significantly shape the future of LGBT rights. In 2015, the court legalized same-sex marriage nationwide, and in 2020, it ruled that federal laws prohibiting workplace discrimination protect gay and transgender employees. However, in 2023, the court ruled that the constitutional right to free speech allows certain businesses to refuse to provide services for same-sex weddings.
As the case moves toward its hearing in December, the nation will watch closely to see how the justices rule on this pivotal issue that could impact the lives of transgender youth and the future of gender-affirming care in the U.S.
