In 2023, the Tennessee legislature banned transgender treatments for children. Three transgender children, their parents, and a physician challenged the constitutionality of the law in federal court. The challenge was resolved last month by the Supreme Court in United States v. Skrmetti.
The Equal Protection Clause
The plaintiffs claimed the Tennessee law violated the part of the 14th amendment known as the Equal Protection Clause. That clause says, “[N]or shall any State ... deny to any person within its jurisdiction the equal protection of the laws.”
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution” (4th ed., 2025). He is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
