Report
us-v-skrmetti-us-pet
How this report was built
Cornell LII, CourtListener, Internet Archive (RECAP), State code databases, Web search republishers, govinfo
63 matched in source text
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§Authorities
1 Cases: Bostock v. Clayton County, 590 U.S. 644 (2020) flagged
- At least one attributed quote wasn't located in the retrieved text.
2 Bowen v. Gilliard, 483 U.S. 587 (1987) clean
3 Brandt v. Rutledge, 47 F.4th 661 (8th Cir. 2022) clean
4 Brandt v. Rutledge, 677 F. Supp. 3d 877, (E.D. Ark. 2023) clean
5 Brnovich v. Democratic Nat'l Comm., 594 U.S. 647 (2021) clean
6 City of Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432 (1985) clean
7 Craig v. Boren, 429 U.S. 190 (1976) clean
8 Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022) clean
9 Doe v. Ladapo, No. 23-cv-114, 2024 WL 2947123 (N.D. Fla. June 11, 2024) clean
10 Edmo v. Corizon, Inc., 935 F.3d 757 (9th Cir. 2019) clean
11 Flowers v. Mississippi, 588 U.S. 284 (2019) clean
12 Fowler v. Stitt, 104 F.4th 770 (10th Cir. 2024) clean
13 Frontiero v. Richardson, 411 U.S. 677 (1973) clean
14 Geduldig v. Aiello, 417 U.S. 484 (1974) clean
15 Graham v. Richardson, 403 U.S. 365 (1971) clean
16 Cases-Continued: Page Grimm v. Gloucester Cnty. Sch. Bd., 972 F.3d 586 (4th Cir. 2020) clean
17 Hecox v. Little, 104 F.4th 1061 (9th Cir. 2024) clean
18 J.E.B. v. Alabama, 511 U.S. 127 (1994) clean
19 Kadel v. Folwell, 100 F.4th 122 (4th Cir. 2024) clean
20 Lyng v. Castillo, 477 U.S. 635 (1986) clean
21 Michael M. v. Superior Ct., 450 U.S. 464 (1981) clean
22 Miller v. Albright, 523 U.S. 420 (1998) clean
23 Mississippi Univ. for Women v. Hogan, 458 U.S. 718 (1982) clean
24 Moody v. NetChoice, LLC, 144 S. Ct. 2383 (2024) brief quality flagged
- A case named 'Ashley Moody, Attorney General of Florida, et al., Petitioners v. NetChoice, LLC, dba NetChoice, et al.' exists in CourtListener at [{'volume': '603', 'reporter': 'U.S.', 'page': '707'}] (scotus, 2024), but the brief's citation does not match.
- At least one attributed quote wasn't located in the retrieved text.
25 Nguyen v. INS, 533 U.S. 53 (2001) brief quality flagged
- Citation triple resolves in CourtListener to 'Tuan Anh Nguyen v. Immigration & Naturalization Service', not 'Nguyen v. INS'.
26 Powers v. Ohio, 499 U.S. 400 (1991) clean
27 Reed v. Reed, 404 U.S. 71 (1971) clean
28 Sessions v. Morales-Santana, 582 U.S. 47 (2017) flagged
- At least one attributed quote wasn't located in the retrieved text.
29 United States v. Rutherford, 442 U.S. 544 (1979) clean
30 United States v. Virginia, 518 U.S. 515 (1996) clean
31 Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ., 858 F.3d 1034 (7th Cir. 2017) clean
32 83 F.4th 460 brief quality flagged
- Case name in the brief differs materially from the official record.
33 73 F.4th 408 brief quality flagged
- Case name in the brief differs materially from the official record.
34 679 F. Supp. 3d 668 flagged
- We couldn't independently verify this citation against our public sources.
35 Page Grimm v. Gloucester Cnty. Sch. Bd., Ibid. clean
36 Tenn. Code Ann. § 68-33-103 manual verify
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37 2023 Mont. Laws 858 manual verify
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38 Tenn. Code Ann. §§ 68-33-101 manual verify
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39 Ala. Code § 26-26-4 manual verify
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40 Ark. Code Ann. § 20-9-1502 manual verify
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41 Fla. Stat. § 456.52 manual verify
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42 Ga. Code Ann. § 31-7-3.5 manual verify
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43 Idaho Code Ann. § 18-1506C manual verify
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44 Ind. Code § 25-1-22-13 manual verify
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45 Iowa Code § 147.164 manual verify
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46 Ky. Rev. Stat. Ann. § 311 manual verify
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47 La. Rev. Stat. Ann. § 40:1098 manual verify
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View text on state code →48 Miss. Code Ann. §§ 41-141-1 manual verify
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49 Neb. Rev. Stat. §§ 71-7301 manual verify
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50 N.C. Gen. Stat. §§ 90-21 manual verify
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51 N.D. Cent. Code § 12.1-36.1-02 manual verify
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52 Ohio Rev. Code Ann. §§ 3129 manual verify
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53 Okla. Stat. tit. 63, § 2607 manual verify
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54 S.C. Code Ann. §§ 44-42-310 manual verify
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55 S.D. Codified Laws §§ 34-24-33 manual verify
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56 Tenn. Code Ann. § 49-6-5102 manual verify
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57 Tenn. Code Ann. § 49-50-805 manual verify
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58 Utah Code Ann. § 58-1-603 manual verify
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View text on state code →59 W. Va. Code § 30-3-20 manual verify
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60 Wyo. Stat. Ann. §§ 35-4-1001 manual verify
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70 Ky. Rev. Stat. Ann. § 311.372 manual verify
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71 La. Rev. Stat. Ann. § 40:1098.2 manual verify
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View text on state code →72 Okla. Stat. tit. 63, § 2607.1 manual verify
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73 Tenn. Code Ann. §§ 68-33-102 manual verify
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74 Tenn. Code Ann. §§ 68-33-105 manual verify
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99 Fourteenth Amendment clean
100 U.S. Const. Amend. XIV clean
101 U.S. Const. Amend. XIV, § 1 clean
§Record & filing references (108)
Citations to filings in this case or its record — appendices, docket entries, pleadings. These aren't published authority, so we don't retrieve or verify them. They're listed here so every citation in the brief is accounted for.
- does not include any drug or surgical intervention.
- extreme distress.
- allow[] adolescents with gender dysphoria to pause their endogenous puberty, thereby avoiding the heightened gender dysphoria and permanent physical changes that puberty would cause.
- pauses puberty only for the duration of the treatment and gives a young person time to further understand their gender identity.
- endogenous puberty resumes.
- puberty blockers,
- lowers rates of depression
- additional mental health issues.
- the substantial benefits of pubertal suppression and gender-affirming hormones as treatment for adolescents with gender dysphoria.
- completely resolved
- no longer necessary
- care was taken away
- would not be able to think about anything else.
- drowning.
- more and more anxious about puberty,
- throw[] up before school every morning.
- considered going mute to protect [himself] from the pain and anxiety that [his] voice caused.
- found [his] voice again,
- Gender-affirming health care saved my life and the idea of losing it terrifies me.
- [f]or years,
- transformed back into the vocal, outgoing child that we saw before puberty.
- trying to manage medical care outside of Tennessee or being forced to move would be terribly difficult
- [i]t is simply not an option to cut Ryan off from this care
- I worry about his ability to survive and losing him would break me.
- [t]his treatment has changed my son's life.
- under[going] the wrong puberty
- some of those changes could be permanent.
- didn't have access to this medication,
- would have an incredibly difficult time wanting to be around other people and go to school.
- I've gone through a lot to finally get to the happy, healthy place where I am and I desperately hope that doesn't all get taken away from me.
- if the Attorney General certifies that the case is of general public importance.
- expressly and exclusively targets transgender people,
- demarcat[ing] its ban(s) based on a minor's sex
- treat[ing] similarly-situated individuals differently based on transgender status.
- the prevailing standards of care.
- the weight of the evidence
- either puberty blockers or crosssex hormones pose serious risks
- it bans [the prohibited] procedures for a tiny fraction of minors, while leaving them available for all other minors (who would be subjected to the very risks that the state asserts SB1 is intended to eradicate).
- substantially related to an important state interest.
- the benefits of the medical procedures banned by SB1 are well-established.
- regulate[s]sex-transition treatments for all minors, regardless of sex.
- perpetuates invidious stereotypes or unfairly allocates benefits and burdens.
- assessment of the risks and the right response to those risks.
- sex and gender conformity each 'play an unmistakable role'
- an open-and-shut case of facial classifications subject to intermediate scrutiny.
- medical procedures that are permitted for a minor of one sex are prohibited for a minor of another sex.
- condition[s]the availability of procedures on a minor's conformity with societal expectations associated with the minor's assigned sex
- bar[ring] treatment when sought 'for the purpose of ' inducing physiological changes, like secondary sex characteristics, that are 'inconsistent with' how society expects boys and girls to appear.
- that banning these treatments is [not] beneficial to minors.
- because progressing through adolescence untreated leads to daily anguish and makes adult treatment more complicated.
- text[] effectively reveal[s]that [its] purpose is to force boys and girls to look and live like boys and girls.
- text[] effectively reveal[s]that [its] purpose is to force boys and girls to look and live like boys and girls.
- boys and girls to look and live like boys and girls,
- encouraging minors to appreciate their sex.
- forc[ing] boys and girls to look and live like boys and girls.
- that 'all' sex-based classifications receive heightened review.
- show only that the government cannot classify individuals by sex when doing so perpetuates invidious stereotypes or unfairly allocates benefits and burdens.
- even when they may be said to burden or benefit the races equally.
- equated gender classifications, for all purposes, to classifications based on race.
- heightened review does not apply in the context of laws that regulate medical procedures unique to one sex or the other.
- risk-reward assessment,
- costbenefit analysis,
- Title VII and the Equal Protection Clause are not identical.
- not explain why or how any difference in language
- require[] different standards for determining whether a facial classification exists in the first instance,
- text-driven reasoning
- applies only to Title VII.
- historically been subject to discrimination including in education, employment, housing, and access to healthcare.
- is not necessarily immutable.
- a world full of hostility towards transgender people.
- shed many tears during the first year of this process.
- This is what I think many people don't understand: no parent would choose to make their child different, or choose a harder path in life for their child.
- As parents, we're supposed to pave the path so that our children's lives can be easier and better.
- how much Ryan was suffering,
- engag[ing] in self-harm.
- treatment for gender dysphoria lowers rates of depression
- additional mental health issues faced by transgender individuals.
- Studies have repeatedly documented that puberty-delaying medication and gender affirming hormone therapy are associated with mental health benefits in both the short and long term.
- studies [n]or research
- no 'substantial studies to identify'
- demonstrates that many individuals receiving * * * cross-sex hormones will remain fertile for procreation purposes, and that the risk of negative impacts on fertility can be mitigated.
- [p]ubertal suppression on its own has no impact on fertility.
- Off Label
- Off Label
- general ethical principles
- are appropriate and medically necessary treatments for adolescents when clinically indicated.
- every major medical organization to take a position on the issue,
- agrees that puberty blockers and crosssex hormone therapy are appropriate and medically necessary treatments for adolescents when clinically indicated.
- only in accordance with the student's sex
- [a]s a mother, I could not bear watching my child go through physical changes that would destroy her well-being and cause her life-long pain.
- knew from a very young age who he was,
- slow and deliberative
- informed consent process,
- it was like a weight was lifted for him.
- relief at no longer having to carry the stress of an impending puberty that felt completely wrong for him was palpable.
- John's gender transition has not been easy,
- John will have a fulfilling life.
- creates a sex-based classification on its face
- For close to a half century,
- evenhandedly
- sextransition treatments for all minors, regardless of sex.
- sex-transition treatment
- medical condition,
- expressly and exclusively targets
- yet been able to meaningfully vindicate their rights through the political process
- a skewed or unfair political process.
- you don't put yourself and your child through this unless you know it is the right thing to do
- happy,
- healthy,
- safe[].
- statutory objective
- stereotypic notions
- the benefits of the medical procedures banned by SB1 are well-established by the existing record.
- [p]eer-reviewed cross-sectional and longitudinal studies have found that pubertal suppression is associated with a range of improved mental health outcomes for adolescents with gender dysphoria,
- statistically significant improvements
- published in Pediatrics, the official journal of the American Academy of Pediatrics,
- [t]reatment with pubertal suppression * * * was associated with lower odds of lifetime suicidal ideation.
- [t]he weight of evidence in the record suggests
- improved mental health outcomes,
- school performance often improves as well.
- gave [him] hope and a positive outlook on the world that [he] had lost.
- there [would] be devastating harm to L.W.'s mental health from the loss of access to her medication and healthcare.
- can eliminate or reduce the need for
- surgical treatment
- [d]enying pubertal suppression treatment and gender-affirming hormones to a transgender adolescent who needs the treatment will not cause the adolescent to stop being transgender
- to experience distress
- irreversible physical harm as [L.W.] would experience a puberty completely foreign to her and inconsistent with her gender.
- low quality
- the low prevalence of childhood disease,
- small market share for therapeutic agents in children,
- [r]ecommendations for pediatric care made by professional associations in guidelines are seldom based
- randomized controlled trials.
- off-label
- is common in medicine generally and particularly in pediatrics.
- rarely come to identify with their assigned sex at birth.
- only * * * when a patient is denied care and self-administers the treatment without appropriate clinical supervision.
- weight of the evidence
- pose a serious risk to a patient['s] bone density.
- Transgender men and women
- produc[e]eggs and sperm respectively both during and after the discontinuation of gender-affirming hormone treatment.
- preserve their sperm or eggs for future assisted reproduction by stopping puberty suppression briefly before initiating gender-affirming hormones.
- it bans [the prohibited] procedures for a tiny fraction of minors, while leaving them available for all other minors (who would be subjected to the very risks that the state asserts SB1 is intended to eradicate).
- the medical procedures banned by SB1 because they are purportedly unsafe to treat gender dysphoria in minors * * * are not banned when provided to treat other conditions.