In Supreme Court Case, NASW pushes for rights of people who are transgender

Dec 5, 2024

UPDATE: On December 4, 2024 the U.S. Supreme Court heard oral arguments on whether to uphold a Tennessee law that bans transgender care. A decision is expected in the spring or early summer of 2025. We will update members once a decision has been announced.

Background

The National Association of Social workers (NASW) partnered with the American Psychological Association (APA), and Kentucky Psychological Association (KPA) to file an amicus brief to the Supreme Court of the United States in the matter of United States of America v. Jonathan Skrmetti. This case will decide whether bans on gender affirming care violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The Court’s decision will decide the legality of bans on gender-affirming care for minors imposed by state legislative regimes.

Amicus Brief

This case concerns Tennessee’s ban on gender affirming medical treatment for minors. Our brief argues the lower court relied on misleading and untrue information that created a distorted perception of medically necessary support transgender youth require. Furthermore, the lower court’s decision contradicts major medical and mental health organizations’ treatment standards of providing gender affirming care. Gender dysphoria is a recognized medical condition and gender-affirming is not only the accepted protocol for treating gender dysphoria but has shown substantial positive effects for transgender youth’s mental health and quality of life.

NASW, including its Tennessee Chapter, is committed to advancing policies and practices that improve the status and well-being of transgender, gender diverse, nonbinary people. NASW strongly advocates for the availability of culturally appropriate, comprehensive health and mental health services for transgender youth across their lifetime. To protect transgender youth from the irreputable physical and mental harm that banning gender affirming care would create, the Supreme Court must overturn the 6th Circuit’s decision banning gender affirming care.

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