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Supreme Court will not hear challenge to Tenn. drag restrictions

Republican lawmakers limited access to “adult entertainment” in 2023

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Monday declined to hear a case challenging Tennessee’s law restricting drag performances, which was enacted by Republican state lawmakers in 2023.

The Tennessee Adult Entertainment Act forbids ā€œadult-oriented performancesā€ that take place in public or where they may be seen by minors. Legislators specified the legislation was meant to target drag shows.

A judge on the U.S. District Court for the Western District of Tennessee ruled that the law was ā€œunconstitutionally vague and substantially overbroad,” allowing drag performances to continue in parts of the state. The 6th U.S. Circuit Court of AppealsĀ reversed the decision in July, however, ruling that the theater company that filed the complaint lacked standing to sue.

President Donald Trump said that his decision to name himself chair of the Kennedy Center shortly into his second term came at least partially in response to the iconic performing arts center’s history of hosting drag shows, which he called ā€œanti-American propaganda.ā€

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U.S. Supreme Court

Supreme Court to hear conversion therapy case in October

Harmful and discredited practice is banned in 23 states and D.C.

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Monday agreed to hear a case about whether state and local governments can enforce bans on anti-LGBTQ conversion therapy for children, a discredited and harmful practice that has been banned by 23 states and D.C.

The case, which will be argued in the new term that begins in October, began in Colorado Springs, Colorado where a licensed professional counselor filed a challenge to a ban in 2022, arguing the law interferes with her ability to treat patients with ā€œsame-sex attractions or gender identity confusionā€ who ā€œprioritize their faith above their feelings.ā€ 

The Supreme Court in 2023 declined to hear a challenge to conversion therapy bans out of Washington state, but conservative justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh voted in favor of taking up the case.

The Colorado therapist, Kaley Chiles, is represented by the Alliance Defending Freedom, which is described by the Southern Poverty Law Center as “a legal advocacy and training group that has supported the recriminalization of sexual acts between consenting LGBTQ adults in the U.S. and criminalization abroad; has defended state-sanctioned sterilization of trans people abroad; has contended that LGBTQ people are more likely to engage in pedophilia; and claims that a ā€œhomosexual agendaā€ will destroy Christianity and society.”

The U.S. District Court for the District of Colorado struck down Chiles’s lawsuit in 2022. Her case was appealed to the Supreme Court from the U.S. Court of Appeals for the 10th Circuit, which upheld the ban in 2023 on the grounds that it regulates professional conduct, not speech.

Human Rights Campaign President Kelley Robinson released the following statement on Monday:

ā€œThe Supreme Courtā€™s decision to take up this case isnā€™t just about so-called ‘conversion therapy’ ā€“ itā€™s about whether extremists can use our courts to push their dangerous agenda, in an effort to erase LGBTQ+ people and gut protections that keep our kids safe. Thereā€™s no debate: so-called ā€˜conversion therapyā€™ is a dangerous practice, not therapy, and it has no place in our communities. These bans exist to protect LGBTQ+ children from harmā€”period.

Attacks on LGBTQ+ rights are the entry point to attacks on all of our rights. The same people trying to legalize abuse under the guise of ā€˜therapyā€™ are the ones banning books, ripping away reproductive rights, and undermining our democracy. The Supreme Court must uphold the 10th Circuit decision finding that these laws are constitutional.ā€

HRC added, “So-called ‘conversion therapy,’ sometimes known as ‘reparative therapy,’ is a range of dangerous and discredited practices that falsely claim to change a personā€™s sexual orientation or gender identity or expression.”

The group continued, “Such practices have been rejected by every mainstream medical and mental health organization for decades, but due to continuing discrimination and societal bias against LGBTQ+ people, some practitioners continue to conduct conversion therapy. Minors are especially vulnerable, and conversion therapy can lead to depression, anxiety, drug use, homelessness, and suicide.”

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Supreme Court to consider case against Montgomery County Public Schools

Plaintiffs challenging LGBTQ-specific curriculum policy

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

The U.S. Supreme Court on Jan. 17 announced it will consider the case of a group of Montgomery County parents who are challenging a policy that does not allow them to “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents in a federal lawsuit they filed in May 2023 allege the Montgomery County Public Schools policy violates their religious beliefs.

A federal judge in Maryland on Aug. 24, 2023, ruled against the parents. The 4th U.S. Circuit Court of Appeals upheld the ruling.

“Under the 4th Circuit’s reasoning, parents cannot be heard until after the damage has been done to their children,” reads the Supreme Court filing that CBS News obtained. “But there is no unringing that bell ā€” by then, innocence will be lost and beliefs undermined.”

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SCOTUS eyes other cases implicating transgender rights

Justices expected to issue ruling on U.S. v. Skrmetti in June

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In recent closed-door conservative conferences, U.S. Supreme Court justices were eyeing other cases that would implicate key rights for transgender Americans, The Hill reported on Saturday.

Among the legal questions at issue in those disputes are matters of “parental rights,” the ability of transgender athletes to play on sports teams consistent with their gender identity, and rules requiring government sponsored health plans to cover transgender medical care.

Justices Amy Coney Barrett and Brett Kavanaugh, both appointed by President-elect Donald Trump, made reference to these cases during oral argument earlier this month in U.S. v. Skrmetti, whose ruling will decide the constitutionality of state laws banning gender affirming health treatments for minors.

ā€œIf you prevail here on the standard of review, what would that mean for womenā€™s and girlsā€™ sports in particular?ā€ KavanaughĀ asked.Ā Barrett later revisited the question, asking ā€œCould you address Justice Kavanaughā€™s questions about what the implications of this case would be for the athletic context or the bathrooms context?ā€Ā 

ā€œWe would have no objection to explicit language saying this decision does not in any way or should not be understood to affect the separate state interests there that have to be evaluated on their own terms,ā€ responded U.S. Solicitor General Elizabeth Prelogar, who is arguing on the side of plaintiffs challenging Tennessee’s law banning gender affirming care for youth.

The Hill notes that the justices’ treatment of appellate cases over the sports issue in West Virginia and Idaho indicates they are likely interested in adjudicating the matter ā€” but not until Skrmetti is decided, which is expected to come in June.

Likewise with respect to battles over West Virginia and North Carolina’s refusal to cover transgender medical care with government-sponsored insurance.

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