L.W. v. Skrmetti
L.W. v. Skrmetti is a 2-1 Sixth Circuit decision upholding the ban on transgender operations in Tennessee.
As written for the court by Judge Jeffrey Sutton:
| “ | Tennessee enacted a law that prohibits healthcare providers from performing gender-affirming surgeries and administering hormones or puberty blockers to transgender minors. After determining that the law likely violated the Equal Protection and Due Process Clauses, the district court facially enjoined the law's enforcement as to hormones and puberty blockers and applied the injunction to all people in the State. Tennessee appealed and moved for an emergency stay of the district court's order. Because Tennessee is likely to succeed on its appeal of the preliminary injunction, we grant the stay. | ” |
L.W. v. Skrmetti, 73 F.4th 408, 412-13 (6th Cir. 2023).
On June 24, 2024, the U.S. Supreme Court granted the Biden Administration's petition for certiorari to reconsider this decision in U.S. v. Skrmetti, No. 23-477, and affirmed.
In the Sixth Circuit, Justice White dissented in part:
| “ | WHITE, Circuit Judge, concurring in part and dissenting in part.
Because I believe that Tennessee's law is likely unconstitutional based on Plaintiffs' theory of sex discrimination, I would not stay the district court's injunction, although I would narrow its scope. I do not find it necessary to address Plaintiffs' alternative theories of constitutional injury at this time. |
” |
L.W. v. Skrmetti, 73 F.4th 408, 422 (6th Cir. 2023) (White, J., dissenting in part).
