Caleb Britton | United States v. Skrmetti

In March 2023, Tennessee enacted the Prohibition on Medical Procedures Performed on Minors Related to Sexual Identity, Senate Bill 1 (“SB1”). SB1 was enacted as part of a series of laws targeting transgender individuals in Tennessee.  SB1 declared that Tennessee has a “compelling interest in encouraging minors to appreciate their sex, particularly as they undergo puberty,” and in prohibiting procedures “that might encourage minors to become disdainful of their sex.” SB1 prohibits healthcare providers from “[p]rescribing, administering, or dispensing any puberty blocker or hormone” if that treatment is provided “for the purpose” of “[e]nabling a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex” or “[t]reating purported discomfort or distress from a discordance between the minor’s sex and asserted identity.”  The district court preliminarily enjoined Tennessee officials’ enforcement of the law, joining courts around the country that have held that similar laws trigger heightened scrutiny because they discriminate based on sex and transgender status.