Supreme Court Headed Toward Potentially Game-Changing Decision Over Gender Disputes

The U.S. Supreme Court is set to hear oral argument on Dec. 4 in a major case that could alter how courts apply the Constitution and view legal disputes over social issues involving gender.

In U.S. v. Skrmetti, U.S. Solicitor General Elizabeth Prelogar is asking the court to end Tennessee’s prohibition on so-called “gender-affirming care,” such as puberty blockers and surgical procedures, for minors.

Tennessee and other states have maintained that such medical procedures are dangerous and don’t have a solid basis in science. Prelogar has argued that Tennessee’s law constitutes sex-based discrimination and violates the equal protection clause of the 14th Amendment, which generally ensures states provide equal protection to all people within their respective jurisdictions.

The case follows a 2023–24 term full of major decisions that touched on hot-button issues such as abortion, presidential immunity, and regulation, percolating in the lower courts and inflaming national debate.

One issue was notably absent from the court’s docket: the nation’s ongoing debate over gender and how the law views biological sex. The court denied, for example, a petition to review a lower court’s order blocking an Indiana school district’s restriction on boys using girls’ bathrooms. […]

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