So, Skrmetti (SCOTUS Ruling Expected in June 2025)

U.S. v. Skrmetti is the lawsuit challenging Tennessee’s gender affirming youth care ban. It was argued in front of the Supreme Court in December, 2024, and we expect a ruling sometime in June, 2025. Soon. This could have a huge impact on youth care in the United States.

The Supreme Court’s yearly calendar ends at the end of June. Traditionally, they announce any remaining case rulings from the year (also known as “Opinions” or “Decisions”) on Thursdays. So, we could wake up to a ruling in Skrmetti on any Thursday in June.

The point of the lawsuit is the question of whether Tennessee’s ban on trans youth care is based on a categorization of sex.

What the heck does that mean? The question is whether or not Tennessee discriminated against transgender youth when they banned blockers and hormones for transgender youth, and if transgender youth are protected from discrimination by the U.S. Constitution. The ruling could determine if states can legally ban transgender health care for minors.

The Williams Institute article “Understanding US v. Skrmetti“, highlights these three main points of the lawsuit:

• This is the first time the Supreme Court has directly considered how the Equal Protection clause applies to gender-affirming care for minors.
• Tennessee is one of 24 states that comprehensively ban gender-affirming care for transgender youth. (as of December, 2024)
• If the court sides with Tennessee, it could give the green light to states to deny gender-affirming care to over one-third of the trans youth living in the U.S.

The Equal Protection Clause of the Constitution and Skrmetti

The Equal Protection clause is part of the Fourteenth Amendment: (in bold)

“nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.“

Law Stuff:

We’re not lawyers. This is our best understanding.

The Equal Protection Clause prohibits governmental discrimination against classes of people, or in other words, groups of people that share some characteristics.

United States law classifies some types of discrimination are “inherently suspect”. Those types of discrimination are to be examined very closely and with higher skepticism by the courts. That means that state actions against a group of people based on some characteristics are more likely to be illegally discriminatory if they are based on a “suspect class”. Types of discrimination based on other characteristics may be “quasi-suspect” or “intermediate classes” and are less strictly reviewed.

Suspect classes are:

• Race
• National Origin
• Religion
• Alienage (Citizenship)
• Voting Rights
• Ability to Travel Across State Lines
• Access to the Courts
• Other Fundamental Rights

Neither sexual orientation nor gender identity are federal suspect classes. They are suspect classes in some states.

Intermediate classes (also known as “quasi-suspect”)are less strictly evaluated when being reviewed for discrimination. These classes include:

• Sex
• Legitimacy of birth

All others are “minimum” or “rational basis” scrutiny, which means that the state has a legitimate interest in monitoring if the class is discriminated against.

So, Skrmetti may decide if gender identity is included under sex as an intermediate suspect class at the federal level. That’s huge.

(Where did we get our info about suspect classes? UCLA School of Law Williams Institute, Wikipedia, jrank.org Law Library.)

What are the potential Skrmetti rulings and what do they mean?

(via Lambda Legal)

• A ruling that the law discriminates on the basis of sex: the case goes back to lower courts to complete the review of how the law is discriminatory.
  • This could mean that other state bans are discriminatory, too.
• A ruling that the law does not discriminate on the basis of sex: The Tennessee ban would remain in effect.
  • This may mean that states would have the right to ban transgender health care for youth (or adults).

Background reading:

LawDork:

“Ground is set for Dec. 4 arguments in SCOTUS case over trans care ban” (October 22, 2024)

“FAQ: What to know before the SCOTUS arguments over bans on trans care for minors” (December 3, 2024)

“With trans care — and lives — in the balance, justices debate Tennessee ban” (December 4, 2024).

Lamda Legal “With U.S. v. Skrmetti, We Made History at the Supreme Court” (December 5, 2024)

ACLU “L.W. v. Skrmetti / U.S. v. Skrmetti” (last updated May 16, 2025)

Related QueerDoc Articles

• US v. Skrmetti: Oral Arguments December 4th, 2024 on Tennessee’s ban on youth care (December 1, 2024)

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