In a historic moment for the transgender community and the fight for LGBTQ+ rights, Chase Strangio, an attorney with the American Civil Liberties Union (ACLU), is set to become the first openly transgender person to argue before the United States Supreme Court. On December 4, Strangio will stand before the nine justices to represent transgender youth and their families in a pivotal case challenging Tennessee’s ban on gender-affirming care for minors.
A Landmark Case: U.S. v. Skrmetti
The case, U.S. v. Skrmetti, centers around a Tennessee law enacted last year that prohibits hormone therapy and puberty blockers for transgender minors. The law imposes civil penalties on medical providers who violate its provisions, effectively barring procedures that “enable a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex.” The plaintiffs, consisting of three transgender minors, their parents, and a Memphis-based medical provider, argue that the ban violates their civil rights and infringes upon parents’ rights to make medical decisions for their children.
“This Court’s resolution of the question presented will determine whether the plaintiff adolescents have access to essential medical care in Tennessee and whether the plaintiff parents face the choice of relocating to a different state or forgoing essential medical care for their children,” stated the Biden Administration in its appeal to the Supreme Court. The administration’s involvement underscores the national significance of the case, which could set a legal precedent affecting transgender rights across the country.
Chase Strangio: A Trailblazer for Transgender Justice
A steadfast dedication to promoting transgender rights has marked Strangio’s journey to the Supreme Court. As the co-director of the ACLU’s LGBTQ & HIV Project, he has been instrumental in numerous high-stakes legal battles that have shaped the landscape of LGBTQ+ rights in the United States. Notably, he was part of the legal team in Obergefell v. Hodges, which led the Supreme Court in 2015 to recognize the right to same-sex marriage. He also contributed to Bostock v. Clayton County, resulting in the 2020 decision that federal law protects gay, lesbian, and transgender workers from employment discrimination.
Despite these significant achievements, Strangio remains acutely aware of the weight of his upcoming Supreme Court appearance. “I have this deep, intimate, and personal connection to the work that I do that can make it both harder but also more significant, more motivating,” he shared. “I feel a lot of pressure, personally and on behalf of my community, to continue to figure out the best strategic decisions.”
For Strangio, the personal nature of the case adds layers of complexity to his role as an advocate. As a transgender man, he understands firsthand the challenges faced by transgender individuals and their families. “My entire career has involved issues and cases that feel intimately connected to my own life and everyone I love and care about,” he reflected. “I don’t even know what it would be like to work on something that you’re only engaging with in some abstract way.”
This personal connection fuels his dedication but also necessitates a degree of compartmentalization. “In terms of what it feels like to tackle it in the presentation of the legal arguments in court, I have always felt that it requires a certain degree of compartmentalization,” Strangio explained. “I think we all do what we can to navigate that experience when we’re advocating on behalf of our own communities.”
Becoming the first openly transgender lawyer to argue before the Supreme Court is both a milestone and a reminder of the systemic barriers that have long prevented marginalized communities from accessing the highest levels of legal advocacy. “The first thing that comes to mind is that it signifies, for so many communities, things are so far behind where they should be,” Strangio remarked. “In 2024, no group of people should be having their first experience of anything, and it is always a function of structural discrimination and barriers to access to various spaces.”
He is mindful of the dynamics of privilege that have enabled his journey, acknowledging that his identity as a white, transmasculine attorney has afforded him opportunities that others may not have. “To the extent I’m the first out attorney arguing before the Supreme Court, it’s also not surprising that I would be a white transmasculine attorney, because, again, these are all just functions of the systems of power that make it easier and harder for different people based on the bodies that we inhabit to access different spaces,” he stated.
The Stakes for the Transgender Community
The outcome of U.S. v. Skrmetti holds profound implications for transgender youth not only in Tennessee but across the nation. According to a report by UCLA School of Law’s Williams Institute, more than 3,000 transgender youth currently reside in Tennessee. A ruling in favor of the ban could solidify legal grounds for other states to enact similar prohibitions, further restricting access to gender-affirming care.
“Everything worries me about the future right now,” Strangio admitted. “We have this election, we have this Supreme Court case, we have this escalatingly vicious public discourse around transness and trans people.” The parallels to past civil rights struggles are not lost on him. “Are we about to have a Bowers v. Hardwick moment? A moment where the Supreme Court legitimizes government discrimination against trans people? Or is it going to be a Bostock moment… where the court says, ‘No, the laws that exist, the constitutional protections that exist, apply to trans people, just like they apply to everyone else.’ That really is what’s at stake here.”
A Message of Solidarity and Resilience
Amid the uncertainty and challenges, Strangio draws strength from the resilience of the transgender community. “My community and the brilliance and beauty of trans people give me hope every day,” he expressed. “It gives me faith for the future. It gives me a sense of endless possibility.”
To transgender individuals and their allies, his message is one of compassion and encouragement. “I always want to say two things to trans people in this moment,” he began. “The first is, I’m so sorry that this set of relentless political, cultural, and legal attacks have been escalating over the last, in particular, ten years. It is painful and it’s frustrating. And we collectively have to hold and honor each other’s vulnerability and pain in this moment.”
He continued, “The second thing I’ll say is, we have a long and rich history as trans people of leading resistance movements, not just for trans liberation but for collective liberation more broadly, and that is going to continue. This Supreme Court fight, critical as it is, is just one piece in a long struggle and a rich history of resistance, and so we will continue to collectively mobilize no matter what happens.”
The Broader Implications for LGBTQ+ Rights
The significance of U.S. v. Skrmetti extends beyond the immediate issue of gender-affirming care for minors. The Supreme Court’s decision could set a precedent affecting a range of legal matters concerning transgender rights for years to come. “If they do rule against us, I think, like with Bowers, it will be a case that will seem wrongly decided and overturned,” Strangio cautioned. “But hopefully we don’t have to go through that period again. And it’s not just affecting trans people; it’ll affect all LGBTQ people. It’ll affect all people who experience gender-based discrimination.”
The case also highlights the ongoing struggle for parental rights in making medical decisions for their children. Opponents of the Tennessee law argue that it infringes upon these rights, forcing families to choose between relocating to another state or denying their children essential medical care.
For allies of the transgender community, the upcoming Supreme Court case serves as a call to action. Supporting transgender individuals and their families requires more than passive acknowledgment; it demands active engagement in the fight against discrimination and the defense of civil rights.
“Looking at the LGBTQ+ movement broadly, as it relates to gay and lesbian people versus where we are with trans people, I think this is really an inflection point,” Strangio observed. “What is the trajectory of the next 15 to 20 years?”
The Bottom Line
As December 4 approaches, the eyes of transgender individuals, their families, and allies across the nation will be on the Supreme Court. Chase Strangio’s historic appearance is more than a personal milestone; it is a symbol of progress and a beacon of hope in a landscape fraught with challenges. His advocacy embodies the resilience and determination of a community that continues to fight for recognition, equality, and the fundamental right to live authentically.
In the face of adversity, Strangio’s words resonate deeply: “We will continue to collectively mobilize no matter what happens.” The outcome of U.S. v. Skrmetti remains uncertain, but the commitment of transgender individuals and their allies to justice and equality is unwavering. This landmark case is not just about legal arguments; it’s about the lives and futures of countless people who deserve the same rights and opportunities as everyone else.
