United States v. Skrmetti, Attorney General and Reporter for Tennessee, et al.
No. 23-477 · Decided June 18, 2025 · affirmed
Does Tennessee's Prohibition on Medical Procedures Performed on Minors Related to Sexual Identity (SB1) violate the Equal Protection Clause of the Fourteenth Amendment? Tennessee's law prohibiting certain medical treatments for transgender minors does not violate the Equal Protection Clause because it is subject only to rational basis review, which it satisfies.
Vote & lineup6–3 on the judgment. Roberts delivered the opinion of the Court, joined by Thomas, Gorsuch, Kavanaugh, Barrett, Alito (6). Dissent(s): Sotomayor (joined by Jackson, Kagan); Kagan. Concurrence(s): Thomas; Barrett (joined by Thomas); Alito.
The question
Does Tennessee's Prohibition on Medical Procedures Performed on Minors Related to Sexual Identity (SB1) violate the Equal Protection Clause of the Fourteenth Amendment? The Court must determine if the law's restrictions on puberty blockers and hormones for transgender minors trigger heightened scrutiny or are subject only to rational basis review. Specifically, the case asks whether SB1 classifies based on sex or transgender status.
Petitioner's argument
- SB1 relies on sex-based classifications because it prohibits medical care that enables a minor to live as an identity "inconsistent with the minor's sex," thereby forcing conformity to sex stereotypes.
- Transgender individuals constitute a quasi-suspect class, which should trigger intermediate scrutiny under the Equal Protection Clause.
- Under the reasoning of *Bostock v. Clayton County*, discriminating against transgender status is inherently discrimination based on sex because it penalizes one sex for traits tolerated in the other.
- The law's categorical ban fails to account for medical necessity and ignores a broad consensus among major medical associations that such care is appropriate when clinically indicated.
Respondent's argument
- SB1 does not classify by sex but rather by age (minors vs. adults) and medical use (treating gender dysphoria vs. treating congenital defects or disease).
- The law treats all minors the same regardless of biological sex; it simply removes specific diagnoses—gender dysphoria, gender identity disorder, and gender incongruence—from the range of treatable conditions.
- Tennessee has a legitimate state interest in protecting minors from irreversible risks, including sterility and adverse psychological consequences, especially given that minors lack the maturity to appreciate such harms.
- The State is entitled to legislative flexibility because there is significant medical and scientific uncertainty regarding the long-term safety and efficacy of these treatments.
The decision
- SB1 does not violate the Equal Protection Clause because it is not subject to heightened scrutiny and satisfies rational basis review.
- The Court held that SB1 incorporates only two classifications—age and medical use—neither of which warrants heightened review under *Massachusetts Bd. of Retirement v. Murgia* and *Vacco v. Quill*.
- Mere reference to sex in a statute is insufficient to trigger heightened scrutiny, particularly in a medical context where treatments are often uniquely bound up in biological sex (*Tuan Anh Nguyen v. INS*).
- The Court defined "medical treatment" as encompassing both the drug administered and the specific indication for which it is used; thus, treating gender incongruence is a different treatment than treating precocious puberty, regardless of the patient's sex.
- SB1 does not classify based on transgender status because it removes a set of diagnoses from treatable conditions rather than excluding a class of people, creating a "lack of identity" between the status and the diagnosis similar to the reasoning in *Geduldig v. Aiello*.
- The Court declined to extend the but-for causation test from *Bostock v. Clayton County* to the Equal Protection Clause here, noting that changing a minor's sex would not alter the application of SB1 because the patient would still lack a qualifying diagnosis.
- Under the rational basis test from *FCC v. Beach Communications, Inc.*, the law is upheld if there is "any reasonably conceivable state of facts" providing a rational basis for the classification.
- The Court found that Tennessee's findings regarding irreversible sterility, psychological risks, and minor immaturity are rationally related to the objective of protecting minors' health and welfare.
- States possess "wide discretion to pass legislation in areas where there is medical and scientific uncertainty," as seen in *Gonzales v. Carhart*.
Separate opinions
Thomas, concurring
- Argues that the reasoning of *Bostock v. Clayton County* should not be imported into Equal Protection Clause analysis because the constitutional text differs from Title VII's statutory language.
- Asserts that courts must not defer to "expert consensus" when legislatures make policy choices in areas of medical uncertainty, noting that some experts may allow ideology to influence guidance.
Barrett, concurring (joined by Thomas)
- Explains that transgender status is not a suspect class because it lacks "obvious, immutable, or distinguishing characteristics" and does not define a "discrete group" under the test from *Lyng v. Castillo*.
- Argues that for a group to be a suspect class, there must be a history of *de jure* (legal) discrimination rather than just private animus.
Alito, concurring
- Joins Parts I and II–B of the majority opinion but provides a separate analysis of "sex," defining it as the biological status of having male or female genes (*Reed v. Reed*).
- Argues that while SB1 might classify based on transgender status, such a classification does not warrant heightened scrutiny because transgender individuals do not share the immutable characteristics or history of pervasive legal discrimination associated with suspect classes.
Sotomayor, dissenting (joined by Jackson, Kagan)
- Contends that SB1 plainly classifies on the basis of sex and transgender status because it conditions access to medication on whether the treatment is "consistent" with the minor's biological sex.
- Argues the law should be subject to intermediate scrutiny under *United States v. Virginia* and that the majority's reliance on *Geduldig v. Aiello* is misplaced.
Kagan, dissenting
- Joins Sotomayor's Parts I–IV, emphasizing that heightened scrutiny is necessary to "smoke out" invidious discrimination or stereotypes (*United States v. Virginia*).
- Declines to join Part V of the dissent because she takes no view on whether SB1 would ultimately survive intermediate scrutiny.