Chase Strangio made history Wednesday when he became the first openly trans attorney to argue before the US Supreme Court. An attorney with the American Civil Liberties Union, Strangio argued against a Tennessee law denying gender-affirming care for minors.
Strangio and US Solicitor General Elizabeth Prelogar argued the law (SB-1) discriminated against trans minors on the basis of sex.
Both attorneys centered their arguments around how the Tennessee law determines who can and who cannot access gender affirming care.
The law, according to Strangio and Prelogar, would allow birth-sex males and birth-sex females to receive hormones and puberty blocker medical care aligned with their birth sex. However, if for instance a birth-sex female identified as a trans-male and wanted to receive care to slow their puberty or help them develop physical characteristics of a boy, they would be denied that care.
For the ACLU and the U.S. Government, this is evidence that the law is discriminatory, because someone’s ability to access specific medical care is dependent on their sex assigned at birth.
Attorneys supporting the rights of trans youth urge court to rule against broad bans on gender affirming care
Both Strangio and Prelogar argued states can regulate gender affirming care, but that Tennessee’s law is too broad. In their separate appearances before the justices, they cited West Virginia’s law as an example of a more targeted approach.
Rather than outright banning gender affirming care, a West Virginia law layers in multiple requirements to access care. A trans minor seeking gender affirming care would first need to receive the approval of multiple medical professionals.
Prelogar and Strangio told the Court such a law, contrary to Tennessee’s, is less discriminatory and narrower in its focus. Prelogar encouraged the justices to issue a narrow ruling that protected both state rights and the rights of trans minors.
The State of Tennessee disputed this argument, stating that the law was in place to “protect children”.
“Our fundamental point is there is no sex-based line here,” Tennessee Solicitor General Matt Rice told the justices.
While the three liberal justices on the Court were quick to challenge Rice’s defense of the law, most of the Court’s conservatives seemed more aligned with Tennessee’s arguments.
For Strangio, this issue was undoubtedly deeply personal. In an interview with CNN last month, Strangio said he was deeply aware of the historic nature of his time before the Court.
“It is not lost on me that I will be standing there at the lectern at the Supreme Court in part because I was able to have access to the medical care that is the very subject of the case that we’re litigating,” Strangio said.
Following the conclusion of arguments, Strangio reaffirmed his commitment to continuing their work protect trans youth.
“No matter what happens, we will keep fighting,” he said.
A recording of the full oral arguments is available online.
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