The U.S. Supreme Court ordered the pioneer’s ruling to be reviewed after oversight with Tennessee in a 6-3 decision that upholds a state’s ban on gender-maintaining care for minors.
In its June 30th ruling, the court found that the law did not discriminate based on gender or transgender status. It didn’t address other laws affecting transgender Americans, but it opened the door for the state to impose even broader restrictions on transgender rights and legal protections.
As reported by CNNJustice’s Clarence Thomas, Samuel Alito, and Amy Connie Barrett wrote in the opinion that there is no need to scrutinize alleged laws to discriminate against transgender people.
Although the majority of the courts did not accept the view, if these three can convince their two colleagues that laws restricting transgender rights are not discriminatory in future cases, conservative states are free to pass the anti-transgender laws they desire.
According to the Associated Press, the Fourth U.S. Circuit Court of Appeals must consider decisions regarding insurance exclusions in West Virginia and North Carolina.
The Court of Appeals previously ruled that the ban on Medicaid compensation for gender maintenance surgeries in West Virginia and the exclusion of transition-related care from the health plan for North Carolina state employee.
The court also held that the exclusion discriminated against transgender individuals based on gender and transgender status, violating both the Equal Protection Clause and Title VII of the US Constitution of the Civil Rights Act of 1964.
In California, the Ninth U.S. Circuit Court of Appeals must reconsider cases challenging Idaho’s ban on Medicaid compensation for adult transition-related surgeries.
In Colorado, the 10th U.S. Circuit Court of Appeals must revisit a decision that prevented Oklahoma from enforcing a ban on changing gender markers on birth certificates.
In another case, the court refused to hear appeals from transgender minors and their families trying to overturn Kentucky’s gender-affirming care ban.
The Supreme Court took no action in the Court of Appeals’ decision if it bans transgender students participating in women-designated sports teams in cases from Arizona, Idaho, Arizona and West Virginia. In all three, the fourth and ninth circuits found that the law is likely to be discriminatory and unconstitutional. However, the High Court was able to choose to hear one or more cases for the next period beginning in October.
Source: Metro Weekly – www.metroweekly.com
