Supreme Court's decision to uphold ban on gender-affirming care announced in statement by TransEpiscopal organization
In a controversial ruling, the United States Supreme Court has upheld a ban on gender-affirming medical care for transgender and non-binary youth in Tennessee. This decision, made in the case United States v. Skrmetti, now allows similar bans in 25 other states where an estimated 39.4% of trans youth live.
The lawsuit was filed in 2023 by the American Civil Liberties Union of Tennessee and other legal groups on behalf of a Nashville couple and their 15-year-old trans daughter, a Memphis-based doctor, and two anonymous plaintiffs. However, as of the current search results, organizations that filed a lawsuit to overturn the ban in Tennessee have yet to be identified.
The ruling has deepened the pastoral emergency affecting families with transgender youth. Episcopal Church, a supporter of anti-discrimination laws, gender-affirming care, and access to health care for all, regardless of gender identity or sexual orientation, is offering resources to help. Aaron Scott, the Gender Justice Staff Officer at Episcopal Church Center, has been conducting galvanizing webinars and providing formation resources.
The Episcopal Church has been a refuge for trans families in many places. Churches in states that still allow health care for trans youth may receive some of these families. Conversely, families in states with health care bans may consider moving to another U.S. location or out of the country.
TransEpiscopal, an advocacy group for inclusive church policies towards transgender people, has released a statement calling on Episcopalians to stand with them in response to the Supreme Court's ruling. They urge congregations and dioceses to join in local Pride events and observe Rev. Dr. Pauli Murray's feast day on July 1.
Justice Sonia Sotomayor, in her dissent in the case, wrote that the majority decision is a retreat from heightened scrutiny of discrimination on the basis of sex under the Equal Protection Clause of the Constitution, upholding a "categorical ban on lifesaving treatment" on the basis of sex and transgender status.
The Episcopal Church has been actively involved in supporting transgender rights. This year, they celebrated LGBTQ+ Pride with Presiding Bishop Sean Rowe. Bishop Betsey Monnot testified against a ban on gender-affirming care in the Iowa state Legislature. The Episcopal Church also held Trans Day of Visibility events and services.
However, this decision comes at a time when over 700 anti-trans bills are moving through statehouses and Congress, using transgender people, especially transgender youth, as pawns in a political strategy to support a surging right-wing political movement. If these legislators truly cared about the health and well-being of America's children, they would not be moving a "Murder Budget" bill through Congress that proposes draconian cuts to Medicaid and SNAP (Supplemental Nutrition Assistance Program) that will snatch access to health care and food from millions of kids with the stroke of a pen in order to fund tax cuts for billionaires.
In the coming days, it is crucial for Episcopal congregations to stand together in solidarity with transgender youth and their families, offering a beacon of hope in these challenging times.
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