As reported by Lambda Legal, the Department of Justice has reversed its position on the landmark case U.S. v. Skrmetti, which included three adolescent plaintiffs challenging Tennessee’s ban on gender affirming care for minors. The case was taken up by the Supreme Court which heard oral arguments in December, with a decision expected in June. The Department of Justice opposed the ban in accordance with then-President Biden’s executive orders, but has reversed course given the Trump administration’s clear anti-trans position.
It’s unclear what affect this reversal will have, if any, on the outcome of the case and how the Supreme Court will rule. The Department of Justice had intervened in the case, but was not originally a party and their reversal won’t directly impact the validity of the arguments raised by the various plaintiffs.
In Texas, the Texas Supreme Court ruled in 2024 that parents only had a right to seek medical care that was “legal,” and held that there was no right under the Texas constitution to gender affirming care for minors. Should the US Supreme Court side with Tennessee, Texas’s ban will be unaffected. On the other hand, if Tennessee’s ban is overturned then we would anticipate Texas’s ban falling as well.
Unfortunately, the Justice Department’s reversal is an expected and direct consequence of President Trump’s executive orders. We expect to see similar reversals in all outstanding cases with Justice Department involvement, which could drastically impact the outcomes for plaintiffs who have sought to obtain gender affirming care across the country.
Soliz Coleman, PLLC 