The U.S. Supreme Court ruled Wednesday that gender-affirming care bans for transgender youth do not violate the Constitution. Indiana is one of the 26 states with such a ban. Advocates in Indiana called the ruling “disheartening.”
Ken Inskeep is the co-founder of Gender Expansive Kids and Co. — an organization to support transgender youth and their families. He said the ruling takes health care decisions out of the hands of families and providers.
“What the Supreme Court’s decision does is, it essentially says it’s going to be harder,” Inskeep said. “You’re going to have a much harder time as a parent raising your transgender child. We’re going to make it harder.”
Gender-affirming care is health care that encompasses mental, social, medicinal and surgical care designed to treat gender dysphoria. And gender dysphoria is a clinically significant distress experienced by people whose gender assigned at birth and gender identity don’t match — though not all transgender people experience gender dysphoria.
Inskeep said he’s worried the ruling will encourage more attacks on transgender rights beyond the states currently with bans.
“The concern would be that now, more states may enact bans making it even harder,” Inskeep said. “And given the Trump administration’s attacks on transgender people, that there could be an attempt to make a federal ban.”
The decision considered whether or not banning gender-affirming care was sex-based discrimination, which would violate the 14th Amendment.
READ MORE: What is gender-affirming care?
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The vast majority of medical organizations support gender-affirming care, and there is national and international guidance on age-appropriate interventions for transgender youth.
Inskeep said these bans have consequences beyond transgender health care.
“Because if they can do it here, where can’t they do it?” he said. “And so this is an issue for all of us. This is taking away our rights to choose what health care we’re entitled to as people.”
Inskeep said he’s concerned the decision empowers Indiana lawmakers to further legislate transgender lives.
“We have so many other issues in Indiana that need attention and instead we’re goofing off, fighting culture wars,” he said.
But, he said, despite the “upsetting decision,” organizations like his and transgender allies will band together.
“This is not the end of the road — number one. The second thing I would say is: There are many, many people out there who are eager to help you,” Inskeep said.
The Supreme Court’s ruling upheld gender-affirming care bans for transgender youth broadly. But the court didn’t rule on language in Indiana’s law that bans health care providers from sharing information and resources with families seeking gender-affirming care out of state.
Lauren is our digital editor. Contact her at lauren@ipbnews.org or follow her on Bluesky at @laurenechapman.bsky.social.