Advocates for transgender rights are turning to a conservative-dominated Supreme Court after a presidential election in which Donald Trump and his allies promised to roll back protections for transgender people.
The justices on Wednesday are taking up the issue of gender-affirming care for transgender minors, which has been banned by Tennessee and 25 other Republican-led states.
The fight over whether transgender adolescents can access puberty blockers and hormonal treatments is part of a broader effort to regulate the lives of transgender people, including which sports competitions they can join and which bathrooms they can use.
Trump backed a national ban on such care as part of his 2024 campaign in which he demeaned and mocked transgender people.
In its waning days, the Biden administration, along with families of transgender adolescents, will appeal to the justices to strike down the Tennessee ban as unlawful sex discrimination and protect the constitutional rights of vulnerable Americans.
“The stakes are high, of course, for transgender adolescents, but also for the parents who are watching their children suffer, who are just trying to do right by their kids,” Chase Strangio, who represents the families at the Supreme Court, said in an interview. Strangio, a lawyer for the American Civil Liberties Union, will be the first openly transgender person to argue before the high court.
A lawyer for Tennessee will argue that the “life-altering gender-transition procedures” are risky and unproven and that it’s the state’s role to protect children.
Trump nominated three justices in his first term who pushed the court in a more conservative direction that included the decision in 2022 overturning the landmark Roe v. Wade ruling, which had protected abortion rights for nearly 50 years.
Yet one of Trump’s appointees, Justice Neil Gorsuch, also authored a ruling in 2020 that protected LGBTQ people from discrimination in the workplace under federal civil rights law.
The administration and transgender families both rely on that decision to bolster their arguments.
After Trump takes office on Jan. 20, 2025, it’s possible the new administration could weigh in on the case, which is not expected to be decided until the spring.
There are about 300,000 people between age 13 and 17, and 1.3 million adults who identify as transgender in the United States, according to the Williams Institute at the UCLA School of Law. The Williams Institute is a think tank that researches sexual orientation and gender identity demographics to inform laws and public policy decisions.
Most Republican-controlled states have adopted a ban similar to the one in Tennessee, and those laws mostly are in effect, despite legal challenges. The Tennessee case is the first time the nation’s top court will consider the constitutionality of the bans.
Sivan Kotler-Berkowitz, a 20-year-old college student in Massachusetts who is transgender, said his life would have been very different if he were just a few years younger and living in one of the states.
“These bans are denying people the opportunity to live and excel,” he said in an interview. “There are thousands of transgender youth across the country that are thriving just like me because we’ve had the love and understanding of our families and because we’ve had access to proper care.”
The bans in Tennessee and elsewhere have put families in the position of deciding whether to travel for ongoing health care, go without or wait until their children turn 18.
Erin Friday, a leader of Our Duty, an international group that supports the bans on gender-affirming care for minors, said the case is going to be as important as Roe v. Wade. She said upholding the Tennessee law would bolster the cases for the laws restricting sports participation and bathroom use.
Two New Hampshire fathers who were barred from school district events for wearing pink wristbands marked “XX” to represent female chromosomes insisted at a federal court hearing Thursday that they didn’t set out to harass or otherwise target a transgender soccer player at the game they attended.
But a judge hearing the case suggested the message the parents sent may matter more than their intentions.
Kyle Fellers and Anthony Foote sued the Bow school district after being banned from school grounds for wearing the wristbands at their daughters’ soccer game in September. The no-trespass orders have since expired, but a judge is deciding whether the plaintiffs should be allowed to wear the wristbands and carry signs at upcoming school events, including basketball games, swim meets and a music concert, while the case proceeds.
Testifying at Thursday’s hearing, both men said that they did not view the wristbands as a protest against Parker Tirrell, a transgender girl on the opposing team, but rather as a show of support for their daughters and their teammates. U.S. District Court Judge Steven McAuliffe questioned whether there is a meaningful distinction and whether their intentions matter.
“Sometimes the message you think you’re sending might not be the message that is being sent,” he said.
McAuliffe asked Foote whether it occurred to him that a transgender person might interpret the pink XX wristbands as an attempt to invalidate their existence.
“If he’s a trans female, pink might be a color he likes,” Foote said.
McAuliffe also noted that while both plaintiffs said they had no problem with transgender people outside the issue of sports, they repeatedly referred to the athlete in question as a boy.
“You seem to go out of your way to suggest there’s no such thing as a trans girl,” McAuliffe said. Foote disagreed, saying it was “like learning a new language” to refer to transgender people.
In a separate courtroom earlier Thursday, another judge held a hearing on a lawsuit brought by Parker Tirrell and another student challenging the state law that bans transgender athletes in grades 5 to 12 from teams that align with their gender identity. It requires schools to designate all teams as either girls, boys or coed, with eligibility determined based on students’ birth certificates “or other evidence.”
U.S. District Court Chief Judge Landya McCafferty ruled earlier this year that the teens can try out for and play on girls school sports teams. The order only applies to those two individuals for now as they seek to overturn the Fairness in Women’s Sports Act on behalf of all transgender girl students in New Hampshire.
Lawyers for the teens said in court Thursday they hoped the matter could go to trial and be resolved before the start of the next school year in September. They said the teens’ school districts and others in the state have asked for guidance regarding the statute. Lawyers for the state said they needed more time to prepare.
Judge Talesha Saint-Marc suggested the timing of the trial was ambitious and asked that both sides talk further about scheduling. Gov. Chris Sununu, who signed the Fairness in Women’s Sports Act into law in July, has said it “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions.” About half of states have adopted similar measures.
North Carolina Attorney General Josh Stein was elected governor on Tuesday, defeating Republican Lt. Gov. Mark Robinson and maintaining Democratic leadership of the chief executive’s office in a state where Republicans have recently controlled the legislature and appeals courts.
Stein, a Harvard-trained lawyer, former state senator and the state’s chief law enforcement officer since 2017, will succeed fellow Democrat Roy Cooper, who was term-limited from seeking reelection. He will be the state’s first Jewish governor. Robinson’s campaign was greatly hampered by a damning report in September that he had posted messages on an online pornography website, including that he was a “black NAZI.”
Democrats have held the governor’s mansion for all but four years since 1993, even as the GOP has held legislative majorities since 2011.
As with Cooper’s time in office, a key task for Stein likely will be to use his veto stamp to block what he considers extreme right-leaning policies. Cooper had mixed success on that front during his eight years as governor.
Otherwise, Stein’s campaign platform largely followed Cooper’s policy goals, including those to increase public school funding, promote clean energy and stop further abortion restrictions by Republicans.
Stein’s campaign dramatically outraised and outspent Robinson, who was seeking to become the state’s first Black governor.
For months Stein and his allies used television ads and social media to remind voters of previous inflammatory comments that Robinson had made about abortion, women and LGBTQ+ people that they said made him too extreme to lead a swing state.
“The people of North Carolina resoundingly embraced a vision that’s optimistic, forward-looking and welcoming, a vision that’s about creating opportunity for every North Carolinian,” Stein told supporters in his victory speech after Cooper introduced him. “We chose hope over hate, competence over chaos, decency over division. That’s who we are as North Carolinians.”
Robinson’s campaign descended into disarray in September when CNN reported that he made explicit racial and sexual posts on a pornography website’s message board more than a decade ago. In addition to the “black NAZI” comment, Robinson said he enjoyed transgender pornography and slammed the Rev. Martin Luther King Jr. as “worse than a maggot,” according to the report. Robinson denied writing the messages and sued CNN and an individual for defamation in October.
In the days following the report, most of Robinson’s top campaign staff quit, many fellow GOP elected officials and candidates — including presidential nominee Donald Trump — distanced themselves from his campaign and outside money supporting him on the airwaves dried up. The result: Stein spent millions on ads in the final weeks, while Robinson spent nothing.
Stein had a clear advantage among women, young and older voters, moderates and urban and suburban voters, according to AP VoteCast, an expansive survey of more than 3,600 voters in the state. White voters were about evenly divided between Stein and Robinson, while clear majorities of Black voters and Latino voters supported Stein.
Fifteen percent of those who voted for Trump also backed Stein for governor, while just 2% of those who cast ballots for Democratic presidential nominee and Vice President Kamala Harris backed Robinson.
Patrick Stemple, 33, a shipping coordinator attending a Trump rally last week in Greensboro, said he voted early for Trump but also chose Stein for governor.
Stemple mentioned both Stein’s ads talking about how he has fought illegal drug trafficking and his dislike for Robinson’s rhetoric. Stemple said the graphic language that CNN reported was used in Robinson’s posts reinforced his decision not to back Robinson.
The Alaska Supreme Court ruled Thursday that a man currently serving a 20-year prison sentence can remain on the November ballot in the state’s U.S. House race.
In a brief order, a split court affirmed a lower court ruling in a case brought by the Alaska Democratic Party; Justice Susan Carney dissented. A full opinion explaining the reasoning will be released later.
Democrats sued state election officials to seek the removal from the ballot of Eric Hafner, who pleaded guilty in 2022 to charges of making threats against police officers, judges and others in New Jersey.
Hafner, who has no apparent ties to Alaska, is running as a Democrat in a closely watched race featuring Democratic U.S. Rep. Mary Peltola and Republican Nick Begich. Hafner’s declaration of candidacy listed a federal prison in New York as his mailing address.
Under Alaska’s open primary system, voters are asked to pick one candidate per race, with the top four vote-getters advancing to the general election. Hafner finished sixth in the primary but was placed on the general election ballot after Republicans Lt. Gov. Nancy Dahlstrom and Matthew Salisbury, who placed third and a distant fourth, withdrew.
John Wayne Howe, with the Alaskan Independence Party, also qualified.
Attorneys for Alaska Democrats argued that there was no provision in the law for the sixth-place finisher to advance, while attorneys for the state said that interpretation was too narrow.
Social media platform X said Saturday it will close its operations in Brazil, claiming Brazilian Supreme Court Justice Alexandre de Moraes threatened to arrest its legal representative in Brazil if they did not comply with orders.
X is removing all remaining Brazil staff in the country “effective immediately,” though the company said service will still be available to the people of Brazil. The company did not clarify how it could claim to suspend operations while continuing to provide services to Brazilians.
Earlier this year, the company clashed with de Moraes over free speech, far-right accounts and misinformation on X. The company said his most recent orders amounted to censorship, and shared a copy of the document on X.
The Supreme Court’s press office didn’t immediately respond to Associated Press email requests seeking comment, or to confirm the veracity of the document, on Saturday.
In the United States, free speech is a constitutional right that’s much more permissive than in many countries, including Brazil, where de Moraes in April ordered an investigation into CEO Elon Musk over the dissemination of defamatory fake news and another probe over possible obstruction, incitement and criminal organization.
Brazil’s political right has long characterized de Moraes as overstepping his bounds to clamp down on free speech and engage in political persecution.
Whether investigating former President Jair Bolsonaro, banishing his far-right allies from social media, or ordering the arrest of supporters who stormed government buildings on Jan. 8, 2023, de Moraes has aggressively pursued those he views as undermining Brazil’s young democracy.
“Moraes has chosen to threaten our staff in Brazil rather than respect the law or due process,” the company said in a statement on X.
In a tweet Saturday morning, the self-proclaimed “free speech absolutist” and owner of X, Musk, said de Moraes “is an utter disgrace to justice.”