The U.S. Supreme Court plans to hear a case that will likely impact the future of Wyoming’s new law banning transgender treatments and care for minors.
On Monday morning, the court announced it will hear a case determining the constitutionality of Tennessee's ban on transgender surgeries for kids, which will likely also determine the future of a new and very similar Wyoming law. If the high court upholds the Tennessee ban it would be difficult to overturn the Wyoming law, but if it rules it unconstitutional, Wyoming’s may be nullified.
The Wyoming law, Senate Enrolled Act 52, goes into effect July 1.
Like Wyoming, Tennessee’s law prohibits doctors from providing transgender medical care to minors, which includes puberty blockers, hormones and surgeries. The Tennessee law went into effect in 2023.
Earlier this year, the Wyoming Legislature passed by an overwhelming margin its law banning the care, which Gov. Mark Gordon signed into law.
No lawsuits have been filed yet challenging Wyoming’s law.
At least 20 states nationwide have passed laws restricting transgender care for minors.
Wyoming Perspective
State Rep. Martha Lawley, R-Worland, is a former attorney who voted for the Wyoming law. Lawley said she isn’t concerned about the Supreme Court considering the constitutionality of transgender care bans.
“It’s always good for the Supreme Court to speak into a constitutional issue,” she said.
Sen. Anthony Bouchard, R-Cheyenne, the lead sponsor on the Wyoming law, said he also feels confident the court will uphold it.
“I believe that the Supreme Court justices will agree that a prohibition on minors should stand,” he said. “With WPATH (World Professional Association for Transgender Health), and the Texas Children’s Hospital being exposed, it has become obvious that money is the motivation for cross-sex providers.”
Rep. Mike Yin, D-Jackson, opposed the law, but said he doesn’t want to put too much hope in the Supreme Court making any decision these days.
“These laws don’t help families decide what’s best for their own families,” Yin said. “I believe they are all infringing on parental control.”
In the event the Supreme Court overturns the law, Bouchard and Lawley said they would question why other age-based restrictions exist such as laws prohibiting the use of cigarettes, alcohol and driving motor vehicles.
“It’s the state’s right to determine these matters for minors,” Lawley said.
Tennessee Lawsuit
Legal advocates initially sued Tennessee on behalf of a couple and their 15-year-old transgender daughter, two other families filing anonymously and a doctor.
“Tennesseans deserve the freedom to live their lives as their authentic selves without government interference, yet every day this law remains in place, it inflicts further pain and injustice on trans youth and their families,” said Lucas Cameron-Vaughn, staff attorney for the ACLU of Tennessee, in a Monday press release. “The court has the power to protect trans youth’s right to access the health care they need by striking down this discriminatory law.”
President Joe Biden’s administration also asked the court to review the case under federal law allowing the government to intervene in private cases alleging violations of the right to equal protection under the law.
In the government’s petition to the court, Solicitor General Elizabeth Prelogar notes that the law bans transgender care but “leaves the same treatments entirely unrestricted if they are prescribed for any other purpose.”
Important Timing
The justices are scheduled to hear the case this fall and a decision is expected by June or July 2025.
However, Lawley is skeptical about that timetable. She believes the court will delay the case until after the election to avoid the case becoming overly political.
If that happens, a new presidential administration may be fighting the case, which could lead to drastically different arguments or even a withdrawal from the case altogether.
Sen. Cheri Steinmetz, R-Lingle, believes if the Supreme Court has “common sense” it will take the perspective of Casper radiologist Eric Cubin, who was recently removed from a state medical board by the governor for lobbying in support of the transgender law.
“If they listen to doctors like Dr. Cubin, they will make the right decision,” she said.
A Few Hints
Lawley said she found it significant that the Supreme Court took up this case as the court can always pick which cases it wants to hear.
“They’re very aware to pick this case to set a precedent moving forward,” she said. “The Supreme Court is going to speak to an issue, which is good news, and bring clarity to the law.”
She also believes there are already a few hints about how the conservative-majority Supreme Court will rule.
In April, the court considered whether a lower court’s ruling to pause Idaho’s transgender care ban while that law was being considered was just. The Supreme Court ruled it was not and continued allowing the enforcement of Idaho’s law as that case plays out.
“I think that’s an important clue where the majority of the court stands,” Lawley said.
She also mentioned how a court will usually only pause a law if it views the plaintiffs as having a more than likely chance of winning.
Leo Wolfson can be reached at leo@cowboystatedaily.com.
