Supreme Court to Review Key Transgender Rights Cases in Context of Sustainable Development Goals

Following the Supreme Court’s recent conservative 6-3 ruling upholding Tennessee’s ban on gender-affirming care for transgender minors, the Court is poised to address additional anti-transgender policies. This development holds significant implications for advancing the United Nations Sustainable Development Goals (SDGs), particularly SDG 3 (Good Health and Well-being), SDG 5 (Gender Equality), and SDG 10 (Reduced Inequalities).

Pending Cases and Legal Context

1. The Supreme Court is scheduled to consider six pending cases related to transgender rights, some delayed for over 18 months.
2. These cases include appeals concerning transgender athletes’ participation in sports teams aligned with their gender identity, health insurance coverage denials for gender-affirming care, and state policies restricting changes to birth certificates.
3. The recent ruling in US v. Skrmetti focused narrowly on healthcare bans for minors, leaving broader discrimination issues unresolved.

According to Josh Block, attorney at the American Civil Liberties Union, the ruling maintains the status quo on transgender discrimination, underscoring the need for further judicial examination to uphold SDG 10 by ensuring equal rights and protections.

Anti-Trans Sports Bans Under Judicial Review

States such as Idaho and West Virginia have swiftly responded to the Skrmetti decision by urging the Supreme Court to hear their cases challenging anti-transgender sports bans. These bans have been contested on grounds of violating the Equal Protection Clause and Title IX, which prohibits sex-based discrimination in federally funded educational institutions.

Key Arguments and Legal Challenges

• States argue that the Skrmetti ruling, which addressed age and medical use classifications, does not resolve constitutional challenges related to sex discrimination in sports.
• Attorneys emphasize the critical importance of determining whether sports team designations based on biological sex violate constitutional protections, a matter impacting female athletes and broader societal equity.
• Research gaps exist regarding transgender athletes’ performance and the effects of hormone therapies, highlighting the need for evidence-based policy aligned with SDG 3.
• Conservative justices have expressed differing views on the scope of protections for transgender individuals under the 14th Amendment, affecting the interpretation of SDG 5 goals on gender equality.

Potential Review of Additional Healthcare-Related Cases

Beyond minors’ gender-affirming care bans, the Supreme Court may review cases involving health insurance exclusions for gender-affirming treatments affecting transgender adults. Appeals from North Carolina and West Virginia challenge state-sponsored insurance plans that deny such coverage, with lower courts ruling these exclusions unconstitutional under the Equal Protection Clause.

Legal and Policy Implications

• The 4th US Circuit Court of Appeals found violations of federal laws in state insurance exclusions, emphasizing the need for comprehensive healthcare access consistent with SDG 3.
• States argue that the Skrmetti decision did not address statutory questions relevant to Medicaid and insurance coverage, indicating ongoing legal complexities.
• An additional case from Kentucky challenges a similar healthcare ban, raising parental rights issues that intersect with children’s health and well-being.
• Legal experts note that while recent rulings have constrained challenges to such laws, avenues remain open for addressing discrimination and advancing SDG 10.

Conclusion: Aligning Judicial Decisions with Sustainable Development Goals

The Supreme Court’s forthcoming decisions on transgender rights cases will significantly influence the realization of SDG 3 (Good Health and Well-being), SDG 5 (Gender Equality), and SDG 10 (Reduced Inequalities) in the United States. Ensuring equitable access to healthcare, protection from discrimination, and recognition of gender identity are essential to fostering inclusive societies and promoting human rights as envisioned by the SDGs.

1. Sustainable Development Goals (SDGs) Addressed or Connected to the Issues Highlighted in the Article

1. SDG 3: Good Health and Well-being
   • The article discusses bans on gender-affirming care for transgender minors and adults, which directly relates to access to health care and well-being.
2. SDG 5: Gender Equality
   • The issues of discrimination against transgender individuals, including in sports and health care, connect to achieving gender equality and empowering all women and girls, including transgender people.
3. SDG 10: Reduced Inequalities
   • The article highlights legal battles over discrimination based on gender identity, which relates to reducing inequalities within and among countries.
4. SDG 16: Peace, Justice and Strong Institutions
   • The involvement of the Supreme Court in deciding constitutional and legal protections for transgender individuals relates to promoting just, peaceful, and inclusive societies.

2. Specific Targets Under Those SDGs Identified Based on the Article’s Content

1. SDG 3: Good Health and Well-being
   • Target 3.8: Achieve universal health coverage, including access to quality essential health-care services and access to safe, effective, quality, and affordable essential medicines and vaccines for all.
2. SDG 5: Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere, which includes transgender women and girls.
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic, and public life, relevant to transgender rights advocacy.
3. SDG 10: Reduced Inequalities
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies, and practices.
4. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.

3. Indicators Mentioned or Implied in the Article to Measure Progress Towards the Identified Targets

1. Access to Gender-Affirming Health Care
   • Indicator related to the proportion of transgender individuals, especially minors, who have access to gender-affirming care services without legal or insurance barriers.
2. Legal Protections Against Discrimination
   • Indicator measuring the existence and enforcement of laws and policies that prohibit discrimination based on gender identity in health care, education (including sports), and employment.
   • Number of court cases and legal decisions upholding or overturning discriminatory laws against transgender individuals.
3. Participation in Sports
   • Indicator on the inclusion of transgender athletes in sports teams that align with their gender identity, and the number of states with bans or protections.
4. Insurance Coverage for Gender-Affirming Care
   • Indicator on the percentage of health insurance plans, including state-sponsored plans, that cover gender-affirming care.
5. Parental Rights in Medical Decisions
   • Indicator on legal recognition of parental rights in making medical decisions for transgender minors.

4. Table: SDGs, Targets and Indicators

Source: cnn.com