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Ketanji Brown Jackson sworn in as first Black woman Supreme Court justice

Roe v. Wade struck down last Friday

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(Washington Blade photo by Michael Key)

Ketanji Brown Jackson was sworn in Thursday as the newest member of the U.S. Supreme Court, representing a welcome change on the bench for progressives who are still outraged after the decision last week overturning the right to abortion found in Roe v. Wade.

Jackson, who’s now the first Black woman to serve on the high court, has replaced Justice Stephen Breyer, a Clinton appointee who is retiring upon the end of the Supreme Court’s term. Breyer announced his forthcoming departure months ago as progressives urged him to stop to ensure a replacement appointed a Democratic president and confirmed by a Democratic Senate.

The briefing swearing-in was conducted by Chief Justice John Roberts, who administered the oath of office for Brown before a small gathering of Jacksonā€™s family, including her two daughters, according to a report in the New York Times.

GLAAD CEO Sarah Kate Ellis said in a statement the beginning of Jackson’s tenure on the Supreme Court “will bring long-needed representation to the Supreme Court at a critical juncture in our nationā€™s history, and after the courtā€™s disastrous term dismantling personal liberty.”

“It bears repeating the obvious that women, people of color and LGBTQ people are Americans deserving of equal protection under law,” Ellis said. “Justice Jackson will be a visible and inspiring presence on a court currently dominated by extremists, reminding all that America should always be moving forward to expand freedom.”

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U.S. Supreme Court

164 members of Congress urge Supreme Court to protect trans rights

GRACE files separate brief in gender affirming care case

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U.S. Supreme Court (Washington Blade photo by Michael Key)

A group of 164 members of Congress filed an amicus brief on Tuesday urging the U.S. Supreme Court to defend transgender Americans’ access to medically necessary healthcare as the justices prepare to hear oral arguments this fall in U.S. v. Skrmetti.

Lawmakers who issued the 27-page brief include House Democratic Leader Hakeem Jeffries (N.Y.) House Democratic Whip Katherine Clark (Mass.), House Democratic Caucus Chairman Pete Aguilar (Calif.),Ā U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.), and Congressional Equality Caucus Chair U.S. Rep. Mark Pocan (D-Wis.), along with the caucus’s 8 co-chairs and 25 vice-chairs. Ranking members of the powerful House Judiciary and House Ways and Means Committees, U.S. Reps. Jerry Nadler (D-N.Y.) and Frank Pallone Jr. (D-N.J.), were also among the signatories.

The case, among the most closely watched this term, will determine whether Tennessee’s ban on gender-affirming care for minors, along with a similar law passed in Kentucky, violate the Equal Protection Clause of the 14th Amendment.

In their brief, the lawmakers urge the Supreme Court to treat with skepticism “legislation banning safe and effective therapies that comport with the standard of care” and to examine the role of “animosity towards transgender people” in states’ gender affirming care bans.

ā€œDecisions about healthcare belong to patients, their doctors, and their familiesā€”not politicians,ā€ Pocan said. ā€œThe law at issue in this case is motivated by an animus towards the trans community and is part of a cruel, coordinated attack on trans rights by anti-equality extremists. We strongly urge the Supreme Court to uphold the constitutionā€™s promise of equal protection under the law and strike down Tennesseeā€™s harmful ban.ā€

ā€œFor years, far-right Republicans have been leading constant, relentless, and escalating attacks on transgender Americans. Their age-old, discriminatory playbook now threatens access to lifesaving, gender-affirming care for more than 100,000 transgender and nonbinary children living in states with these bans if the Supreme Court uphold laws like Tennesseeā€™s at the heart ofĀ SkrmettiĀ fueled by ignorance and hate,” Markey said.

ā€œTransgender people deserve the same access to healthcare as everyone else,” said Nadler. “There is no constitutionally sound justification to strip from families with transgender children, and their doctors, the decision to seek medical care and give it to politicians sitting in the state capitol. I trust parents, not politicians, to decide what is best for their transgender children.ā€

Pallone warned that if Tennessee’s ban, S.B. 1, is “allowed to stand, it will establish a dangerous precedent that will open the floodgates to further discrimination against transgender Americans.ā€

ā€œUnending attacks from MAGA extremists across the nation are putting trans youth at risk with hateful laws to ban gender-affirming care,” said Merkley author of the Equality Act. “Letā€™s get politiciansā€”who have no expertise in making decisions for patientsā€”out of the exam room.Ā The Court must reject these divisive policies, and Congress must pass the Equality Act to fully realize a more equal and just union for all.ā€

Also filing an amicus brief on Tuesday was the Gender Research Advisory Council + Education (GRACE), a transgender-led nonprofit that wrote, in a press release, “SkrmettiĀ  is critically important to the transgender community because approximately 40% of trans youth live in the 25 states that have enacted such bans.”

The group argued laws like Tennessee’s S.B. 1 are cruel, discriminatory, and contradict “the position of every major medical association that such treatments are safe, effective and medically necessary for adolescents suffering from gender dysphoria.”

GRACE’s brief includes 28 families “who hope to share with the Court that they are responsible, committed parents from a variety of backgrounds who have successfully navigated their adolescentā€™s transition.”

ā€œThese parents sought medical expertise for their children with diligence regarding the best care available and input from experienced physicians and mental health professionals and they have seen firsthand the profound benefits of providing medically appropriate care to their transgender children,” said GRACE Board Member and brief co-author Sean Madden.

Left unchecked, this may start with the transgender community, but it certainly won’t end there,” added GRACE President Alaina Kupec. “Next it could be treatments for HIV or cancer.ā€

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Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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Supreme Court to consider challenge to Tenn. law challenging gender-affirming case for minors

Volunteer State lawmakers approved ban in 2023

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Monday agreed to consider a challenge to a Tennessee law that bans health care providers from offering gender-affirming care to transgender minors.

Tennessee lawmakers approved the law in 2023.

A federal judge in Nashville issued a temporary injunction against portions of the statute before it was to have taken effect on July 1, 2023. The 6th U.S. U.S. Circuit Court of Appeals last September rejected a request to block the law the Justice Department has also challenged.

ā€œThe future of countless transgender youth in this and future generations rests on this court adhering to the facts, the Constitution, and its own modern precedent,ā€ said Chase Strangio, deputy director for transgender justice at the American Civil Liberties Union’s LGBTQ and HIV Project, on Monday in a press release. “These bans represent a dangerous and discriminatory affront to the well-being of transgender youth across the country and their constitutional right to equal protection under the law. They are the result of an openly political effort to wage war on a marginalized group and our most fundamental freedoms.”Ā 

“We want transgender people and their families across the country to know we will spare nothing in our defense of you, your loved ones, and your right to decide whether to get this medical care,ā€ added Strangio.

The Associated Press reported Tennessee is among the more than two dozen states that have enacted laws that either restrict or ban gender-affirming care for trans minors.

The ACLU notes the Supreme Court “is not expected to hear arguments” in the case until the fall.

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