Michigan LGBTQ+ groups remain vigilant following SCOTUS ruling on gender affirming care for minors

Greg LaRose/Louisiana Illuminator

Despite the U.S. Supreme Court upholding Tennessee’s ban on gender-affirming care for minors, which may set a precedent to future legal challenges to access, gender-affirming care remains legal in Michigan for those under the age of 18.

Regardless, LGBTQ+ rights organizations and their legislative allies say they are determined not to let GOP attempts to repeal Michigan’s protections succeed.

The nation’s highest court on Wednesday issued a 6-3 decision ruling that a law Tennessee’s state legislature passed in 2023 banning gender affirming care for minors would be upheld.

The U.S. Supreme Court’s decision did not itself ban gender-affirming care for young patients, rather it upheld a state law, which is an important distinction, Michigan state Rep. Laurie Pohutsky (D-Livonia) said on “X” following the decision, as Michigan has no such law.

“An important thing to remember in light of SCOTUS’ ruling on gender affirming care for minors: it does not ban this care. It allows states to enact laws to ban it. Michigan does not have such a law, and gender affirming care should still be available,” Pohutsky posted.

Her colleague, state Rep. Emily Dievendorf (D-Lansing), Michigan’s first openly nonbinary lawmaker, issued a statement reiterating that point and making clear the fight would continue for trans rights. 

“To every trans young person and family watching this ruling with fear and heartbreak: I see you. I grieve with you. And I’m standing with you. You are not alone. Trans youth are loved, and we are fighting for you, today, tomorrow, and every day this fight continues,” Dievendorf stated.

During the two years that Democrats held a once-in-decades majority in Michigan’s Legislature from 2023 to 2024, Pohutsky, Dievendorf, and other lawmakers, put numerous pro-LGBTQ+ policies into law including embedding LGBTQ+ rights into the state’s civil rights laws, making it easier for transgender Michiganders to change their names and banning the “gay panic” legal defense.

Additionally, Michigan Attorney General Dana Nessel fought against Tennessee’s ban being upheld, signing onto an amicus brief against bans in Tennessee and Kentucky in 2023 which argued the laws were discriminatory.

However, Michigan Senate Minority Leader Aric Nesbitt (R-Porter Township), who is also a candidate for governor, applauded the Supreme Court’s decision Wednesday on “X’, calling for Michigan to do the same.

“Let’s make Michigan a sanctuary for our children and common sense,” Nesbitt said on X.

Republican lawmakers in both chambers of Michigan’s Legislature have introduced legislation to ban gender affirming care, which mainly consists of talk therapy and hormone treatments, but also more rarely, gender-affirming surgical intervention for young patients.

It’s unlikely such legislation would pass Michigan’s Democratic-led state Senate or get approval from the state’s Democratic Governor Gretchen Whitmer.

When signing into law a ban on conversion therapy for LGBTQ+ youth in 2023, Whitmer called herself a “lifelong ally” to the community who as the mother of a gay daughter was proud to sign the ban into law.

Advocates vow to ‘never stop fighting’ for trans youth

The U.S. Supreme Court’s decision to uphold Tennessee’s ban on gender affirming health care for minors marks a devastating blow for the health and well-being of Tennessee residents and a bad trend of legislative harm towards transgender youth, Equality Michigan said in a statement following the decision.

While Michigan has no ban on health care services for transgender residents, Executive Director of Equality Michigan Erin Knott said the group stands ready to “fight like hell” to preserve the rights of transgender youth in the state.

“This decision is cruel and dangerous. It ignores the overwhelming consensus of the medical community and opens the door for politicians to play games with kids’ lives. In Michigan, we stand firm. Trans youth are loved, protected, and supported here.”

Also speaking out was Stand with Trans, which posted to TikTok that while the ruling was “was a painful setback for trans youth and the families who love them…hope is not lost.” 

The group noted several trans-related court victories, including a federal judge certifying a class-action lawsuit challenging the administration’s passport gender marker ban and a federal court ruling in favor of LGBTQ+ health centers and resource organizations who had faced grant threats.

“Yes, the Supreme Court targeted gender-affirming care. But this ruling does not define our future. We are resilient. We are growing. We are still here. At Stand with Trans, we will never stop fighting for a world where trans youth can live fully, freely, and with pride,” the group posted.

Meanwhile, a Trans and Nonbinary Community Meeting has been scheduled for Monday, June 30 at 6:30 p.m. in Ann Arbor, hosted by The People’s Coalition. It will allow interested community members to ask questions and hear legislative updates from State Sens. Jeff Irwin (D-Ann Arbor) and Sue Shink (D-Northfield Township) and State Reps. Jimmie Wilson, Jr. (D-Ypsilanti), Jennifer Conlin (D-Ann Arbor Township), Jason Morgan (D-Ann Arbor), Morgan Foreman (Pittsfield Township) and Carrie Rheingans (D-Ann Arbor).