LGBTQ advocacy, legal groups condemn court decision on gender-affirming care ban: 'Catastrophic failure for our nation's youth'
Published in News & Features
Chicago-area trans and LGBTQ+ community groups responded with disappointment and anger Wednesday to the U.S. Supreme Court’s decision to uphold Tennessee’s ban on gender-affirming care.
Representatives from Trans Up Front Illinois, Brave Space Alliance, Equality Illinois and Arcus Behavioral Health — groups that provide resources to trans and nonbinary people — condemned the decision during a Wednesday afternoon news conference.
“Today’s Supreme Court ruling is a catastrophic failure for our nation’s youth,” Brian Johnson, CEO of Equality Illinois, an LGBTQ+ rights advocacy group said at the Center on Halsted. “By upholding Tennessee’s discriminatory ban on gender-affirming care, the court has allowed dangerous double standards.”
In the case, U.S. v. Skrmetti, three families with transgender children and a health care provider challenged Tennessee’s law banning puberty blockers and hormone treatment for trans minors. The state has kept those drugs legally available for other purposes. Plaintiffs argued the ban violates their constitutional right to equal protection under the law, while Tennessee contended it is necessary to protect children.
Lawyers from the American Civil Liberties Union Illinois and Lambda Legal’s Illinois chapter said the court incorrectly concluded that Tennessee’s ban wasn’t a form of sex discrimination — prohibited by the Constitution’s 14th Amendment.
The court’s opinion that the ban only implicates what the law allows people of different ages to do came as a result of “mental gymnastics” and “logistical hoops,” said Doug Curtis, midwest director of Lambda Legal — a nonprofit advocacy group.
Chicago trans rights advocates said they’re worried the ruling could push trans youth in other states to more dangerous, unsupervised sources of gender-affirming care in states with bans similar to Tennessee.
Channyn Lynne Parker, CEO of Brave Space Alliance, said after she sought out black-market prescription hormones to help her transition during her teenage years, she developed life-threatening blood clots that left her with lung scarring.
She worries that the pattern will repeat with Tennessee’s ban upheld.
“It will only drive them to the underground, making preventable tragedies more likely,” Parker said. “We owe it to every young person to ensure that they have access to safe, affirming health care.”
Despite the Supreme Court’s decision, advocates stressed that Illinois continues to be a sanctuary state for young people and families seeking gender-affirming care.
The state has shield laws for patients seeking gender-affirming care and doctors who provide it. Illinois’ Human Rights Act also prohibits discrimination based on gender identity, said Michelle García, ACLU Illinois deputy legal director.
“Come to Illinois,” García said. “We will protect you.”
LGBTQ+ advocates were planning to hold a protest against the Skrmetti decision at noon Saturday in Federal Plaza.
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