Skrmetti Supreme Court Case Could Reshape Trans Rights Nationwide — Including Michigan
Why Michigan's trans community can't afford to be complacent
Update: Since this article was published, the U.S. Supreme Court upheld Tennessee's ban on gender-affirming medical care for minors in U.S. v. Skrmetti, with all six conservative justices joining the majority opinion that rejected arguments the law constitutes sex-based discrimination under the 14th Amendment's equal protection clause. The three liberal justices dissented, with Justice Sonia Sotomayor writing that the Court "abandons transgender children and their families to political whims." The decision could set precedent for dozens of other lawsuits involving transgender youth rights, as 26 states have passed similar bans since 2021, affecting nearly 40% of trans youth in the U.S. Michigan leaders, including State Rep. Laurie Pohutsky and Equality Michigan's Emme Zanotti, quickly reassured residents that the ruling does not impact access to gender-affirming care in Michigan, as the state has no law banning such treatment. Read more coverage about potential Michigan impacts here.
While Michigan's transgender community currently enjoys stronger legal protections than many other states, a looming U.S. Supreme Court decision could dramatically shift the landscape of trans rights across the country.
The case at the center of this potential change is U.S. v. Skrmetti, which originated when parents of a 15-year-old transgender girl in Tennessee, along with several other plaintiffs, challenged their state's sweeping ban on gender-affirming care for trans youth younger than 18.
Tennessee's law, known as Public Chapter No. 1, doesn't just prohibit doctors from providing gender-affirming medical care to minors. According to the ACLU, it also forces trans youth already receiving care to stop treatment within nine months of the law taking effect and creates a pathway for private lawsuits against medical providers who treat transgender young people.
But the implications stretch far beyond Tennessee's borders and beyond health care access for minors.
The bigger picture: legal protection for all trans Americans
Legal experts say this case could determine whether transgender people as a group receive enhanced protection from discrimination under federal law. The Supreme Court's decision will likely hinge on how justices classify transgender people within the legal framework of constitutional protection.
The central question in Skrmetti is whether Tennessee's ban on gender-affirming care for minors violates the equal protection clause. But to answer that, the court may need to decide what level of scrutiny applies to laws targeting transgender individuals.
Currently, the courts recognize different levels of scrutiny when evaluating whether laws violate the equal protection clause of the 14th Amendment. People discriminated against because of race, religion, national origin or citizenship status fall into what's called the "suspect class," which receives the highest level of protection called "strict scrutiny." Under this standard, the government must prove its actions serve a compelling interest and are necessary to achieve that goal.
Advocates argue transgender people should receive quasi-suspect class protection because gender identity is an immutable characteristic and the trans community lacks sufficient political power to protect itself through the legislative process.
A step below that is "intermediate scrutiny," applied to "quasi-suspect" classifications. Laws affecting these groups must serve an important government purpose and be substantially related to achieving that purpose. Gender-based laws, like those allowing alimony only for women or requiring only men to register for the draft, typically receive this intermediate level of review.
The accompanying graph from UWorld.com shows the relative difference between these classifications.
The case took an unexpected turn when President Donald Trump took office. While the Biden administration's Justice Department had supported the challenge to Tennessee's law, the new administration has switched sides and now backs the state's position.
A wake-up call for Michigan
Despite Michigan's current status as a relatively safe haven for transgender rights, the Skrmetti decision could have lasting consequences here, too. A ruling against the plaintiffs would signal to other states that anti-trans legislation can withstand federal constitutional challenges.
Even in Michigan, legal protections aren't permanent. The state's Elliott-Larsen Civil Rights Act currently includes gender identity protections, but those could potentially be revised if political winds shift and a majority in the state legislature supports changes.
The Supreme Court heard arguments in December, and a decision is expected in June. For transgender Michiganders and trans people nationwide, the stakes couldn't be higher.
A victory could establish stronger federal protections and make it harder for states to pass discriminatory laws. A loss, however, might embolden more states to enact restrictions similar to Tennessee's, potentially affecting everything from health care access to employment protections to participation in public life.
But this case should serve as a wake-up call for Michigan's trans community and allies. While this state currently provides a haven for transgender rights, that protection isn't guaranteed forever. It only takes a shift in political winds and majority support in the state legislature to rewrite the Elliott-Larsen Civil Rights Act and strip away hard-won protections.
The wave of anti-trans legislation sweeping across other states shows how quickly rights can disappear when communities become complacent. Michigan's transgender residents and their supporters can't afford to assume their current safety will last without continued advocacy and political engagement.
As we await the Skrmetti decision, it's time to strengthen the coalitions and political infrastructure that protect transgender Michiganders today — because tomorrow's threats may be closer than we think.
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