Press Release: SCOTUS Skrmetti Ruling Does Not Halt Gender-affirming Care for Youth in Colorado

Today, the U.S. Supreme Court issued its decision in Skrmetti v. United States, a case that challenged the ban on gender-affirming care for youth in the State of Tennessee. 

All transgender people, including youth, can continue to receive medically necessary gender-affirming care in the State of Colorado. Rocky Mountain Equality, along with our partners, will continue to fight to make sure that remains true. 

Skrmetti v. United States is a case about whether states like Tennessee can ban gender-affirming medical care for transgender minors without violating federal constitutional protections. It is not about whether gender-affirming care is safe, effective, or appropriate. 

The Court ruled in favor of the state of Tennessee, allowing its ban on gender-affirming care for minors to remain in place. This sets the precedent for any state to ban this medically necessary care. 

The Court held that the law does not classify based on sex or transgender status in a way that would trigger heightened scrutiny under the Equal Protection Clause. Because the law targets age and medical use, not a suspect class, it only needed to meet a rational basis standard. 

Finally, the Court accepted Tennessee’s rationale that the treatments pose risks and uncertainties, and that the state has an interest in protecting minors' health and welfare, despite the support of every major medical association in the U.S.

“I cannot understate the anger that our community is feeling this morning,” said Mardi Moore, CEO of Rocky Mountain Equality. “In this political environment where government officials and legislators across the country are systematically attacking and erasing trans youth, seeing that the highest Court is fueling that fire is incredibly disappointing. While this ruling does not remove care for Colorado families, Rocky Mountain Equality stands with those in Tennessee and other states who are grappling with the loss of the care they need for their children, and we will continue to fight for families and their right to access necessary care.”

Justices Sotomayor, Jackson, and Kagan dissented, forcefully arguing that Tennessee’s law discriminates based on sex and transgender status and should have been struck down under established equal protection principles. They also voiced broader concern about the consequences for LGBTQ+ rights, medical autonomy, and the ability of transgender youth to access medically necessary care.

“Today, I am grateful that my family lives in Colorado, but a parent’s ability to access medically necessary care for their children should not be based on the state they live in,” said William Diana Stout, parent of a trans youth and member of the Colorado Trans Advocacy Committee. “All trans people, including youth, have a fundamental right to access health care and all parents have a right to take care of their families. This ruling permits states to deny that right. I hope that all Coloradans will join me in fighting the hateful ballot initiatives that are trying to import this hate from other states.” 

In Colorado, anti-trans organizers are already planning to take advantage of the opportunity to harm transgender people by seizing on the momentum of decisions like Skrmetti to push two dangerous ballot initiatives that threaten our kids’ rights and dignity.

Initiative #70 would ban transgender youth from playing on sports teams that align with their gender identity, further isolating and targeting trans kids at school. Initiative #71 would ban gender-affirming surgeries for transgender youth under 18 — despite the fact that such surgeries for minors are already exceedingly rare and guided by medical standards and best practices. Both initiatives have been approved to begin signature collection this summer and, if they make the ballot, would roll back rights and protections that Colorado families rely on.

Rocky Mountain Equality will continue working with other community organizations, legal experts, doctors, partners, and policymakers at the state and federal levels to fight for transgender youth. State and federal laws should ensure no young person is ever denied the healthcare they need because of who they are or where they live.