The message being sent by SCOTUS to trans youth across America is devastating: You don’t belong. You don’t matter. You don’t deserve the same rights and protections as other kids.
I never thought I’d see the day when the highest court in the land told an entire group of vulnerable children and teens that their lives, their safety, and their identity don’t deserve protection. But that’s exactly what happened this week in the Supreme Court’s ruling in United States v. Skrmetti. And as a lawyer, a human being, and someone who still believes in the promise of equal protection under the law, I’m furious.
Let me break down what this really means, because the headlines don’t do it justice.
What the Court Actually Did
Tennessee passed a law banning gender-affirming care, like puberty blockers and hormone therapy, for transgender minors. The law makes an exception if the same medication is used to treat something else, like early puberty. But if the care is for gender dysphoria? Denied. Flat-out.
Families and doctors challenged it, arguing this violates the Equal Protection Clause of the Fourteenth Amendment. And they were right. Because it does.
But the six conservative justices on the Court chose not to see it that way. They claimed the law doesn’t target transgender youth because it applies to all minors and is based on the purpose of the treatment, not the identity of the child. That argument is weak. It’s a smokescreen. We all know what this law is really about: punishing kids for being different, and punishing families for affirming them.
The Court didn’t even bother with heightened scrutiny, the standard usually used when the government treats people unequally based on something like sex or race. Instead, they gave Tennessee a free pass under what’s called “rational basis” review, which is basically the legal version of saying, “Eh, sounds fine.”
This Was Never About Medicine
The majority claimed they’re staying out of medical debates, leaving it to the states and voters. But let’s be honest: this wasn’t about medical caution. It was about politics. And cruelty.
Let’s not forget who’s in the White House right now. This law was backed by the Trump administration. It’s part of a broader campaign to score political points by targeting trans people. That same administration has tried to erase trans protections, cut health care funding for LGBTQ+ programs, and demonize families who support their kids.
And now, with the help of this Court, they’ve made it okay for states to block lifesaving medical care based on fear and misinformation.
The Consequences Are Real
Most people are unaware of the fact that more than half of trans and nonbinary youth in the U.S. seriously considered suicide last year, and about one in five attempted it. That’s a crisis.
The good news: access to gender-affirming care, like puberty blockers, hormones, and adult support, can lower that suicide risk by 40 to 70 percent. This isn’t just helpful. It’s life-saving.
Puberty blockers are reversible and give kids space to figure things out. Hormones, when carefully prescribed, help align body and identity. Most of all, this care tells them: you matter.
As you can see, this ruling isn’t some abstract legal issue. It has real consequences.
And now, families in Tennessee are packing up and moving to states where their kids can still get care. Kids are being yanked off medication that helps them feel like themselves, that helps them survive. Doctors are left with gag orders on their ethics. And the message being sent to trans youth across America is devastating: You don’t belong. You don’t matter. You don’t deserve the same rights and protections as other kids.
As a lawyer, I’m ashamed that we’ve reached a point where the law is being twisted to justify this kind of targeted harm. As a citizen, I’m outraged that we’re using the courts not to protect people, but to shield discrimination behind legal technicalities.
And as someone who’s seen firsthand what happens when we ignore our constitutional values, I’m worried. Because this decision doesn’t just affect Tennessee. It opens the door for more states to pass similar laws. It sets a precedent that courts can look the other way when people are singled out because of who they are. It chips away at the Equal Protection Clause that’s supposed to protect all of us.
This Isn’t Over
Let me be clear: this ruling is wrong. It’s legally unsound, morally indefensible, and deeply damaging to real people. But it’s not the end of the story.
The Court didn’t weigh in on whether parents have a constitutional right to make medical decisions for their children. That issue is coming. And if there’s one thing I know, it’s that parents don’t give up easily, not when it comes to their kids. There will be more cases, more fights, more families standing up.
And there will be more of us standing with them.
What We’re Really Fighting For
This is about so much more than just medical care. It’s about the kind of country we want to live in. A country where kids are treated with dignity, not suspicion. Where families get to make private medical decisions without government interference. Where being different isn’t a reason to be punished by the law.
We’ve seen what happens when we let fear and bigotry guide policy. History is full of those moments. And it always ends the same way, with people getting hurt, and the country losing a piece of its soul.
I believe in a different America. One where the Constitution still means something. One where equal protection really is equal. One where courts don’t turn their backs on the most vulnerable just because it’s politically convenient.
I know this ruling feels like a punch in the gut. It is. But we can’t afford to stay silent. We have to talk about it. We have to organize. We have to vote.
Because if the Court won’t protect our rights, we’ll have to do it ourselves.
Mitch Jackson, Esq. | links
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