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Strangio: ‘We will keep fighting’ — 1:11 p.m.
By the Associated Press
Chase Strangio, the ACLU attorney who represented the families challenging the ban, said he was “humbled and honored” to appear before the court.
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Strangio said the arguments Tennessee used for its ban could also be used to justify a national ban. Strangio is the first transgender attorney to argue before the Supreme Court.
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“No matter what happens, we will keep fighting,” Strangio said.
By the Associated Press
“Today marks a pivotal moment in Tennessee and our country’s history. The Supreme Court of the United States heard oral arguments for a first-of-its-kind case that shows every state in the country what it really looks like to stand up for children,” Tennessee state Senator Jack Johnson said in a statement.
Prelogar pushes in her closing arguments for a narrow ruling — 12:36 p.m.
By the Associated Press
She pointed out that the arguments in favor of Tennessee’s law could also potentially support nationwide restrictions on transgender health care for minors.
The issue could remain at the center of the political conversation after the inauguration next month of Trump, who made opposition to transgender rights central to his campaign’s closing message.
Arguments have concluded — 12:34 p.m.
By the Associated Press
The arguments in front of the court wrapped up after more than two hours.
Rice argues Tennessee’s law doesn’t discriminate based on sex — 12:32 p.m.
By the Associated Press
“Our fundamental point is there is no sex-based line here,” Rice said.
Rice argued that the Tennessee law is instead aimed at the purpose of the treatment.
Children can get puberty blockers to treat early onset puberty, but not as a treatment for gender dysphoria.
Justices again ask about the implications of Tennessee’s law in other areas — 12:22 p.m.
By the Associated Press
Justice Amy Coney Barrett asked Tennessee Solicitor General Matt Rice about the possible impact of both laws restricting women and girls from women’s and girls’ sports competitions — and those that keep them out of women’s and girls’ bathrooms in schools or other public buildings.
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At least 24 states have sports laws. At least 11 have bathroom laws.
Sotomayer rejects assertion that the democratic process will best address issues with the ban — 12:20 p.m.
By the Associated Press
“Blacks were a much larger part of the population and it didn’t protect them. It didn’t protect women for whole centuries,” Sotomayor said in citing a history of laws discriminating against others.
Where the justices seem to be leaning so far — 12:09 p.m.
By the Associated Press
The court’s three liberal justices seem firmly on the side of the Biden administration and the families who are challenging the Tennessee law.
But it’s not clear that any of the court’s six conservatives will go along.
Five conservatives have voiced varying degrees of skepticism of the challengers’ arguments. Gorsuch has yet to say anything.
Tennessee’s state solicitor general begins arguments — 11:59 a.m.
By the Associated Press
Tennessee Solicitor General Matt Rice is now before the court to defend Tennessee’s law, following the conclusion of ACLU attorney Chase Strangio’s time at the podium.
Strangio cites laws against cross-dressing and more as examples of ‘de jure’ — 11:58 a.m.
By the Associated Press
Justice Amy Coney Barrett earlier had asked if there were examples of “de jure,” or by law, discrimination against transgender people rather than private discrimination.
Strangio cited laws against cross-dressing and previous bans on military service by transgender people.
Biden in 2021reverseda Trump-era policy that largely barred transgender people from serving in the military. Trump has indicated he plans to reinstate that ban when he takes office in January.
The scene outside the Supreme Court — 11:52 a.m.


Roberts suggests lawmakers should make the decision on such care — not judges — 11:39 a.m.
By the Associated Press
“The Constitution leaves that question to the people’s representatives, rather than to 9 people, none of whom is a doctor,” Roberts said in questioning Strangio.
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Alito seems skeptical about whether gender-affirming care reduces suicide risk — 11:35 a.m.
By the Associated Press
Strangio notes that multiple studies show the care reduces the risk of depression and suicidality.
Transgender youth in the United States have been floodingcrisis hotlinessince theelectionof Donald Trump, who madeanti-transgender themescentral to his campaign.
Gorsuch asks no questions of the Biden administration — 11:24 a.m.
By the Associated Press
The justice wrote a 2020 ruling that found civil rights law protects LGBTQ+ workers from discrimination.
ACLU attorney Chase Strangio is now beginning his arguments — 11:23 a.m.
By the Associated Press
He follows US Solicitor General Elizabeth Prelogar, arguing against the ban.
Brown Jackson references Loving v. Virginia decision — 11:22 a.m.
By the Associated Press
Justice Ketanji Brown Jackson said she saw some parallels between the case and a 1967 landmark decision that legalized interracial marriage.
She said that in theLoving case, which addressed a Virginia law, “everyone seemed to concede that a racial classification was being drawn as a starting point. The question seemed to be whether it was discriminatory.”
The first transgender attorney ever to argue before the Supreme Court — 11:20 a.m.
By the Associated Press
Chase Strangio will be the first openly transgender attorney to argue before the nation’s highest court, representing families who say Tennessee’s ban on health care for transgender minors leaves their children terrified about the future.
Strangio will bring months of intense legal preparation to the case as well as hard-won lessons from his own experience.
“I am able to do my job because I have had this health care that transformed and, frankly, saved my life,” he said. “I am a testament to the fact that we live among everyone.”
Strangio grew up outside of Boston and came out as trans when he was in law school. Now 42, he’s anAmerican Civil Liberties Unionattorney whose legal career has included representing former Army intelligence analystChelsea Manning, challenging a ban on transgender peopleserving in the militaryand helping win an LGBTQ+worker-discrimination caseat the Supreme Court. He’s also the father of a 12-year-old, the son of a father who supports Trump, and has a close relationship with his Army veteran brother.
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Prelogar has finished answering questions — 11:19 a.m.
By the Associated Press
US Solicitor General Elizabeth Prelogar spent more than an hour at the podium.
Barrett sounds skeptical of the government’s argument — 11:16 a.m.
By the Associated Press
Barrett wasn’t on the court when the 2020 case was decided so this is her first time diving into the issue as a justice.
She sounded skeptical of the administration’s argument that the law discriminates because of sex. She was equally skeptical that the court should for the first time declare that discrimination against transgender people should be viewed as similar to bias based on race, sex and national origin, all of which have a special legal status.
Barrett said transgender people have not experienced the same long history of discrimination written into the law in the same way those other groups faced.
“All other suspect classes do have that long de jure history of discrimination,” Barrett said, using the Latin phrase for “according to law.”

Kavanaugh asks about sports participation — 11:10 a.m.
By the Associated Press
Kavanaugh, who has coached his daughters’ youth basketball teams, asked about the impact of a ruling on gender-affirming care in that realm.
“If you prevail here on the standard of review, what would that mean for women and girls’ sports?” he asked. “Would transgender athletes have a constitutional right to participate in girls’ sports?”
At least 24 states have adopted restrictions on transgender women and girls in women’s and girls’ sports competitions. There have also been legal challenges to those laws, with mixed verdicts so far.
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Prelogar said that’s a different issue and suggested the court could say in an opinion that sides with her argument that the Tennessee law would not impact the sports issue.
Tennessee passes more anti-LGBTQ+ legislation than any other state — 11:08 a.m.
By the Associated Press
Over the years, Republican-dominant Tennessee has not only been among the top states to introduce the most anti-LGBTQ+ legislation but also the top state to enact such legislation.
According to the Human Rights Campaign, Tennessee has enacted more anti-LGBTQ+ laws than any other state since 2015, identifying more than 20 bills that advanced out of the Legislature earlier this year. That includes Gov. Bill Lee signing off on bills banning the spending of state money on hormone therapy or sex reassignment procedures for prisoners — though it would not apply to state inmates currently receiving hormone therapy — and requiring public school employees toout transgender students to their parents

When is a decision expected on this case? — 11:03 a.m.
By the Associated Press
The Supreme Court almost always issues its decisions by early summer, usually before the end of June. The transgender health case could be one of the last cases decided, which is typical of highly contentious issues. One additional potential cause for delay is the Trump administration could weigh in soon after Trump takes office. It’s not clear how that might affect the case.
Kavanaugh expresses concern about patients who later change their minds — 10:56 a.m.
By the Associated Press
“How do we as a court choose which set of risks is more serious in deciding whether to constitutionalize this whole area?” Kavanaugh said.
Research and reports from individual doctors and clinics suggest thatdetransitioning is rare.
Kagan asks if all bans on such care for minors would need to be struck down — 10:55 a.m.
By the Associated Press
Twenty-six states have passed versions of bans.
Prelogar said some might stand up to heightened scrutiny by courts than others.
“We do think there is a real space for states to regulate here,” Prelogar said.
She pointed toWest Virginia’sas one that might fare better because it gives a path for treatment for teens who are considered by medical providers to be at risk for self-harm or suicide.

What are Biden and Trump’s stances on the case? — 10:52 a.m.
By the Associated Press
Trumpbacked a national ban on such care as part of his 2024 campaign in which hedemeaned and mockedtransgender people. Trump and his allies also promised to roll backprotectionsfor transgender people throughout the campaign.
Meanwhile, in its waning days, the Biden administration, along with families of transgender adolescents,will appeal to the justices to strike down the Tennessee banas unlawful sex discrimination and protect the constitutional rights of vulnerable Americans.
Earlier this year, the administration and Democrat-led states extended protections for transgender people, includinga new federal regulationthat seeks to protect transgender students.

‘Some children suffer incredibly with gender dysphoria, some attempt suicide’ — 10:44 a.m.
By the Associated Press
During questioning by Justice Sonia Sotomayor, Prelogar notes that every major medical organization has supported gender-affirming care for transgender youth, and many have filed briefs supporting the challenge to Tennessee’s law.
“Some children suffer incredibly with gender dysphoria, some attempt suicide,” Sotomayor said.
The groups include the American Medical Association and the American Academy of Pediatrics.
Prelogar is focusing on the sex-based nature of Tennessee’s law — 10:40 a.m.
By the Associated Press
Justices Thomas and Alito both asked about when the states can and cannot have sex-based laws.
“We think the court just needs to recognize the sex-based classification and send this case back,” Prelogar said, adding that the treatments can be “critical, sometimes lifesaving, care to individuals with severe gender dysphoria.”
Tennessee’s law bars puberty blockers and hormone treatment only for transgender minors.
A reminder of the Justices to watch — 10:38 a.m.
By the Associated Press
The votes of Chief JusticeJohn Roberts, JusticeNeil Gorsuch,and JusticeAmy Coney Barrettprobably will decide this case.
Here’s a look at where the Justices stand:
- Roberts and Gorsuch joined the court’s liberal justices (Sonia Sotomayor, Elena KaganandKetanji Brown Jackson) in the 2020 workplace discrimination case won by LGBTQ+ plaintiffs.
- Three conservative justices,Samuel Alito,Brett KavanaughandClarence Thomas, dissented on that case.
- Barrett has no high court track record on transgender issues, although she votes with the other conservatives in most of the high-profile cases.
If the parties challenging the Tennessee law hope to win, they need at least two conservative justices on their side, along with the three liberal members of the court.

Alito suggests this case diverges from the 2020 case — 10:34 a.m.
By the Associated Press
Alito, who seems likely to vote to uphold the Tennessee ban, is using his questioning of Prelogar to persuade his colleagues that this case is different from the one four years ago where the court sided with LGBTQ+ people.
The Bostock decision in 2020 found that the landmark Civil Rights Act of 1964 banned discrimination against LGBTQ+ people in the workplace.
That “involved the interpretation of particular language in a particular statute,” Alito said.
This case involves the Constitution’s equal protection clause, a key provision of the 14th Amendment.

Roberts asks whether the issue is better left to elected lawmakers — 10:20 a.m.
By the Associated Press
Chief Justice John Roberts, who is one of the most closely watched justices in this case and previously voted in favor of transgender rights in the workplace, is asking whether this question might be best left to state legislatures.
Prelogar responds that the state does have regulatory powers, but argues Tennessee’s law is too broad.
Who’s arguing the case? — 11:14 a.m.
By the Associated Press
Arguing for the Biden administration is US Solicitor General Elizabeth Prelogar. Chase Strangio represents the families who say Tennessee’s ban on health care for transgender minors is illegal and is the first openly transgender attorney to argue before the nation’s highest court. Matt Rice, Tennessee’s state solicitor general, will defend the law before the high court.
Arguments are underway — 10:11 a.m.
By the Associated Press
Supreme Court arguments have begun over Tennessee’s ban on health care for transgender minors. The first attorney to argue is US Solicitor General Elizabeth Prelogar, arguing against the ban.
Tennessee has become an eager adopter of anti-trans legislation over the years — 10:02 a.m.
By the Associated Press
The Republican-controlled Statehouse and GOP governor Bill Lee have signed off on legislation banning transgender athletes from participating in girls’ sports.
Republicans have also blocked businesses from setting their own rules about bathroom access — a move that critics have warned targets transgender people.
This year, they placed a ban on the spending of state money on hormone therapy or sex reassignment procedures for prisoners and required public school employees to out transgender students to their parents.
The family at the heart of this case travel out of state to receive care — 9:53 a.m.
By the Associated Press
Brian Williams of Nashville, Tennessee, says his transgender daughter, L.W., has to travel to another state to receive the health care that “we and her doctors know is right for her.”
Williams, speaking on a Zoom call arranged by the legal team representing the family and others at the Supreme Court, said L.W. approached him and his wife, Samantha, several years ago to share “honestly and openly her pain” over her gender identity.
She began taking puberty-blocking drugs at age 13 and started hormone therapy a year later, Williams says.
Today, her father says, she is a “16-year-old planning for her future, making her own music and looking at colleges.”
Williams says he’s not expecting people to understand everything about the family. But he asks others to “open your hearts and listen.”
Wednesday, Dec. 4
Here’s some of what is at stake — 9:48 a.m.
By the Associated Press
Attorneys for the families challenging Tennessee’s law have warned a ruling upholding the measure could open the door for more attempts to restrict the care for transgender adults as well as youth.
Florida is the only state that has enacted a law restricting gender-affirming care for transgender adults, though similar restrictions have been attempted in at least two other states.
Ohio Gov. Mike DeWine’s administration earlier this year proposed and then backed off rules that advocates said would have blocked access to gender-affirming care provided by independent clinics and general practitioners.
Missouri’s Republican attorney general last year pushed for an emergency rule that would have placed limits on care for adults, but state officials abruptly dropped it. Missouri later this year enacted a law banning some gender-affirming care for minors.
Most adults still are allowed to access gender-affirming health care under the Missouri law, but Medicaid won’t cover it.