Posts tagged gender-affirming care.
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Beyond the Ban: Employer Considerations after SCOTUS’s Gender Care Ruling
Categories: Employee Benefits, ERISA
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On June 18, 2025, in the case of United States v. Skrmetti, the Supreme Court of the United States (SCOTUS) upheld Tennessee’s ban on gender-affirming care for minors, concluding that the law (titled Prohibition on Medical Procedures Performed on Minors Related to Sexual Identity, Senate Bill 1 (SB1)) does not violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.

In a 6-3 opinion authored by Chief Justice Roberts, the Court affirmed the decision from the 6th Circuit Court of Appeals, which held that under the rational basis review, SB1 does not discriminate on the basis of sex for purposes of equal protection. Employers should be aware of certain considerations following this decision.

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