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Supreme Court orders judges to reconsider protections for transgender people in four states

Supreme Court justices official portrait
Fred Schilling, Collection of the Supreme Court of the United States

The Supreme Court had set other cases aside until after it could rule on the Tennessee law, and the fallout quickly cascaded to other judicial decisions.

The decision will impact LGBTQ+ populations in Idaho, North Carolina, Oklahoma and West Virginia.


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A series of Supreme Court decisions released on Monday reverse prior protections for transgender Americans.

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Justices called for appeals courts in Idaho, North Carolina, Oklahoma, and West Virginia to reconsider decisions that affirmed protections for individuals whose gender identity does not align with the one assigned at birth.

The move happened less than two weeks after the high court in its U.S. v. Skrmetti ruling upheld a Tennessee law banning gender-affirming hormone treatments and puberty blockers for transgender minors, ruling the restrictions do not violate the Equal Protection Clause of the 14th Amendment.

The Supreme Court had set other cases aside until after it could rule on the Tennessee law, and the fallout quickly cascaded to other judicial decisions.

Related: UPenn caves to Trump and bans trans women athletes, stripping Lia Thomas of titles

Previously, the U.S. Court of Appeals for the 4th Circuit last year ruled neither North Carolina nor West Virginia could legally deny health care coverage for gender-affirming care to transgender individuals. But in the wake of the Skrmetti ruling, justices ordered appellate judges to reconsider the decision.

Similarly, the high court said the U.S. Court of Appeals for the 9th Circuit would need to reconsider its ruling against an Idaho ban on gender-affirming care for minors. That’s no surprise, as the Supreme Court last year ruled Idaho could continue enforcing the law even after the appellate court ruling.

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Additionally, justices told the U.S. Court of Appeals for the 10th Circuit to reconsider a decision blocking Oklahoma’s law barring transgender people from changing gender markers on birth certificates and government documents.

Oklahoma Attorney General Gentner Drummond cheered the decision.

"The Court has provided crucial clarity on issues that directly affect Oklahoma's ability to govern according to our values,” Drummond, a Republican, said in a statement. I will continue fighting to uphold the U.S. Constitution and defend our God-given rights."

But Lambda Legal, the civil rights group that provided legal representation in several of the cases, lamented the consequence of the orders.

“For our clients and transgender people in North Carolina and West Virginia, this means another round of legal proceedings to defend the right to nondiscriminatory access to health coverage,” the statement reads. “Throughout the proceedings of these cases, each lower court recognized that these exclusions are unlawful, and we will continue fighting to ensure that no one is denied medically necessary care because they are transgender.”

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