A trans teen takes her case to the Supreme Court

Summary

Post Reports: A Trans Teen Takes Her Case to the Supreme Court – Detailed Summary

Published on December 3, 2024 by The Washington Post

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Introduction

In the December 3, 2024 episode of Post Reports, hosted by Martine Powers and Elahe Izadi, the spotlight is on a pivotal Supreme Court case involving LW, a 16-year-old transgender teen from Tennessee. This case challenges the recent wave of state-level bans on gender transition care for minors, a contentious issue that has polarized the nation and significantly impacted thousands of families.

The Williams Family's Visit to Washington D.C.

The episode begins with the Williams family visiting Washington D.C., where their trip includes a leisurely tour of the Smithsonian museums. However, their visit serves a dual purpose beyond tourism.

Elahe Izadi introduces the family:

“[00:04] Elahe Izadi: Over the weekend, the Williams family came to Washington D.C. from Tennessee. And like so many other tourists, the Smithsonian museums were at the top of their to-do list.”

LW, the youngest member of the family, expresses her fascination with aircraft during their visit to the Air and Space Museum in Virginia.

“[00:36] LW: It's an SR71A, I guess is what this says. It's a giant jet. It is designed from my knowledge, to just be able to fly so high and fast that you cannot shoot it down.”

LW aspires to become a commercial pilot, sharing her love for the exhilarating feeling of takeoff.

“[00:55] Elahe Izadi: She told producer Ariel Plotnick what she loves about flying, that moment of weightlessness at liftoff.”

“[01:08] LW: Well, it's mostly just the fact that there's just the, like, taking off on a plane is so much fun. Like just the kind of feeling of it. I don't know. It's interesting.”

The Supreme Court Case: United States v. Skremetti

While the Williams family enjoys their time in D.C., they are concurrently preparing for a significant legal battle. Casey Parks, an LGBTQ issues reporter for The Washington Post, provides an overview of the case set to be heard by the Supreme Court.

“[01:27] Casey Parks: Tomorrow, the Supreme Court will hear oral arguments for the very first time on bans that roughly half the country has passed on what's called gender transition care. So these are essentially medications that might help transgender adolescents transition genders.”

The lawsuit, United States v. Skremetti, challenges Tennessee’s ban on gender transition care for minors, positioning LW and her family at the heart of the legal confrontation.

LW's Journey Before the Ban

Casey Parks delves into LW’s personal story, shedding light on her life before the legislative changes that upended her family.

“[05:13] Casey Parks: You know, they're pretty much a normal family. They live in East Nashville, Tennessee. LW is super smart and super creative in ways that some may think of as nerdy. She produces music. She designs her own board games.”

LW's understanding of her gender identity began in her early teens, inspired by a cousin who came out as transgender. Her journey towards self-identification was gradual and met with cautious support from her parents.

“[06:14] Casey Parks: So she started Lupron. So what that did is it basically said to her body, please don't go through male puberty.”

LW was initially prescribed Lupron, a puberty blocker, to halt the onset of male puberty, giving her and her family time to consider further steps.

Impact of the Tennessee Ban

The legislative landscape shifted dramatically when Tennessee lawmakers pre-filed a bill in 2023 aiming to ban gender transition care for minors, marking it as the first bill of the session.

“[10:00] Casey Parks: So as LW is going to Vanderbilt, starting puberty blockers and estrogen, that care is totally legal everywhere. No states had banned it. Most of the major medical organizations have endorsed this care as the appropriate action to treat kids like her.”

This ban not only halted LW’s access to necessary medical treatments but also thrust her family into a national political battle they had not sought.

“[11:08] Senator Johnson: All right, we do have a quorum. We have one bill today. Senator Johnson has Senate Bill 001.”

LW’s mother, Samantha Williams, eloquently voices the personal toll of the legislation during her testimony.

“[14:43] Samantha Williams: In this bill, the legislature is violating our rights as parents to make the best medical decisions for our child. ... Her joy, her smile, her confidence would not be what they are if it was not for the blockers that she's been on for a year and a half.”

Legal and Medical Context

Casey Parks outlines the broader context, highlighting that approximately half of U.S. states have enacted bans on gender transition care for minors since 2021. These bans have left over 100,000 children and their families scrambling for alternatives.

“[07:45] Elahe Izadi: And then what kind of medical care did LW receive at that point?”

“[08:34] Elahe Izadi: Like, hold the brakes.”

Medical professionals and major organizations advocate for gender transition care, emphasizing its safety and effectiveness. However, opposition from certain political factions has transformed it into a deeply polarized issue.

“[12:16] Casey Parks: Almost every major medical association has endorsed this care. They say this is an appropriate treatment for gender dysphoria.”

The Path to the Supreme Court

After Tennessee enacted the ban, Vanderbilt Children’s Hospital preemptively shut down its transgender care clinic, complicating access for LW and similar patients.

“[16:17] Casey Parks: Before the bill became law, Vanderbilt just shut down its clinic.”

The Williams family navigated a fraught landscape, seeking medical providers in neighboring states until external factors like Hurricane Helene further disrupted their efforts.

LW and her family eventually filed a lawsuit with the American Civil Liberties Union (ACLU), leading to a district court ruling that the law was unconstitutional. The case, however, escalated through the appeals process, ultimately reaching the Supreme Court.

“[20:30] Elahe Izadi: So, pretty soon after Tennessee's governor signed the law LW's mom saw on, like, a Facebook post or something. ... a district court judge said, this law is unconstitutional.”

Supreme Court Arguments

On the eve of the Supreme Court hearing, Casey Parks provides an in-depth look at the legal arguments from both sides.

Plaintiffs' Argument:

The Williams family, represented by Chase Strangio of the ACLU, contends that the ban is discriminatory. They argue that since puberty blockers like Lupron are available to non-transgender children for different medical reasons, denying them to transgender youth constitutes unequal treatment.

“[24:19] Casey Parks: ... the family's lawyers have some additional argument. They are represented by the ACLU, specifically by the lawyer Chase Strangio, who is going to become the very first openly trans person to argue before the court.”

Strangio emphasizes the broader implications of the case, suggesting that a ruling against trans youth could pave the way for restrictions on other medical services.

“[25:26] Chase Strangio: This is really the opening to restrictions on access to contraception, on access to IVF, and other things we know that our opponents are pushing.”

Defense's Argument:

Tennessee’s Attorney General, Skremetti, argues that states possess the authority to regulate medical treatments and that such regulations are necessary to protect children from making potentially harmful decisions.

“[25:50] Casey Parks: So Skremetti, the Tennessee Attorney General, has argued that states have long had the power to regulate medications.”

Potential Outcomes and Implications

Given the conservative-leaning composition of the Supreme Court, expectations might suggest a favorable ruling for Tennessee. However, Casey Parks points out that past decisions have occasionally protected transgender rights even in conservative environments.

“[26:40] Casey Parks: Everyone knows this court leans conservative, so you would think this is gonna maybe be a slam dunk for the right. But this court has actually either ruled or declined to take cases that enshrined rights for transgender people.”

Moreover, intra-party dynamics reveal that some Republicans oppose the bans, arguing they infringe upon parental rights and bodily autonomy.

“[28:00] Elahe Izadi: So what will LW's family be doing on Wednesday? And LW, you know, as these oral arguments are going on and how are they feeling?”

“[29:32] Elahe Izadi: ... what are you looking to in the future in the coming months with both the outcome of this case and just what life will be like for LW and other trans people.”

Life After the Ban

The immediate aftermath of the ban saw LW’s access to medical care severely restricted, forcing her family to seek services out of state, incurring significant logistical and emotional burdens.

“[17:53] Elahe Izadi: So, like, she knows what she would be doing otherwise.”

“[17:58] Elahe Izadi: Did LW's family, did they ever consider leaving Tennessee after this law was passed?”

Despite the challenges, the Williams family chose to remain in Tennessee, valuing their community and support networks, although LW continues to face disruptions in her education and social life.

“[18:05] Casey Parks: ... it's a politically, it's not a place where my daughter feels safe.”

“[19:43] Casey Parks: ... Samantha and her husband Brian felt like, we can do this. We can put our faces out there.”

Supreme Court Hearing Day

On the day of the Supreme Court hearing, LW and her family approach the proceedings with a blend of hope and apprehension. LW remains focused on her daily life, striving to maintain normalcy amidst the high-stakes legal battle.

“[28:58] Samantha Williams: ... Her joy, her smile, her confidence would not be what they are if it was not for the blockers that she's been on for a year and a half.”

LW expresses both concern and resilience, acknowledging the gravity of the case while continuing to engage in typical teenage activities.

“[21:18] Casey Parks: ... she told me that she was a bit worried that she was going to be like Homer Plessy and, like, be a part of a case that enshrined discrimination.”

Looking Ahead

With a Supreme Court majority that leans conservative, the potential ruling could have far-reaching repercussions not only for transgender youth but also for other areas of healthcare and civil rights.

Casey Parks anticipates continued legal battles and legislative efforts targeting transgender rights, especially under the incoming Trump administration, which has signaled intentions to reverse progressive policies on gender-affirming care.

“[29:58] Casey Parks: So right-wing strategists have told me they think they've pretty much tapped out how many states will pass bans. So they have all along been looking to a federal ban or other federal regulations on trans young people.”

Despite the uncertainty, LW remains determined to support her community and navigate the challenges posed by the ongoing legal struggle.

“[31:37] Elahe Izadi: Yeah. Well, Casey, thank you so much for joining and sharing your reporting with us. I really appreciate it.”

Conclusion

The episode of Post Reports intricately weaves the personal narrative of the Williams family with the broader legal and political landscape surrounding gender transition care for minors. As the Supreme Court prepares to hear this landmark case, the outcome will not only define the rights and freedoms of transgender youth like LW but also set a precedent impacting various dimensions of healthcare and civil liberties in the United States.

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Produced by Emma Talkoff and Ariel Plotnick, with contributions from Bishop Sand, Justin Gerrish, Maggie Penman, and Rena Flores.

Transcript

[Elahe Izadi]

Over the weekend, the Williams family came to Washington D.C. from Tennessee. And like so many other tourists, the Smithsonian museums were at the top of their to do list.

[LW]

I've never seen a fighter jet in real life that is massive.

[Elahe Izadi]

That included visiting a branch of the Air and Space Museum in Virginia. It has a huge collection of jets on display and a massive hangar like space. The Williams daughter, 16 year old LW, wants to become a commercial pilot when she grows up.

[LW]

It's an SR71A, I guess is what this says. It's a giant jet. It is designed from my knowledge, to just be able to fly so high and fast that you cannot shoot it down. I don't know if it has any.

[Elahe Izadi]

She told producer Ariel Plotnick what she loves about flying, that moment of weightlessness at liftoff.

[Ariel Plotnick]

Can I ask you, like, why you're interested in planes and being fun?

[LW]

Well, it's mostly just the fact that there's just the, like taking off on a plane is so much fun. Like just the kind of feeling of it. I don't know. It's interesting.

[Elahe Izadi]

But the Williams family also came to D.C. for another reason.

[Casey Parks]

Tomorrow, the Supreme Court will hear oral arguments for the very first time on bans that roughly half the country has passed on what's called gender transition care. So these are essentially medications that might help transgender adolescents transition genders.

[Elahe Izadi]

Casey Parks covers LGBTQ issues for the Post. She'll be at the court Wednesday when the justices hear arguments in the United States v. Skremetti, a suit challenging a ban on gender transition care for minors. Most major medical organizations say this kind of care is safe and effective, but Casey says it's also become a huge.

[Casey Parks]

Political issue in the election. This issue was huge. Republican candidates across the country spent more than $215 million just on network TV ads about this issue.

[Elahe Izadi]

Since 2021, about half of states have already banned treatments. It's left more than 100,000 kids and their families scrambling to figure out what to do. The Williams family is among them. LW is trans. Tennessee passed a law last year preventing her from accessing hormone therapy. This upended the Williams lives. It's also thrust them into the center of a political fight they wanted no part in.

[Ariel Plotnick]

Can I ask you, like, how you're feeling being in D.C. ahead of next week?

[Samantha Williams]

It's definitely a little overwhelming.

[Elahe Izadi]

LW, who's known publicly by her initials in order to protect her privacy, is one of several plaintiffs in the Supreme Court case. So are her parents, her dad, Brian, and her mom, Samantha.

[Samantha Williams]

Yesterday, when we got in we dropped our luggage and then walked over to the court just to kind of see it.

[Ariel Plotnick]

Yeah.

[Samantha Williams]

Set the tone a little bit. And it was pretty. I mean, the building is designed to make you feel small. Like, I couldn't decide if I felt more like Katniss going to the Capitol or Elphaba going to the Emerald City.

[Elahe Izadi]

On Wednesday, the Williams family will watch lawyers argue the case. At the heart of it is LW's right to access the medical care she says has helped her thrive. But despite those big stakes today, LW is just trying to focus on being a kid.

[Ariel Plotnick]

How does it feel to be here ahead of Wednesday?

[LW]

I. I don't know. I'm not really thinking much about it, actually. I'm just seeing some cool planes. That's what's going on right now. I'm not really focused on. I love these planes.

[Elahe Izadi]

From the newsroom of the Washington Post, this is Post Reports. I'm Elahe izadi. It's Tuesday, December 3rd. Tomorrow, the Supreme Court will consider a question that could have huge implications for transgender kids in more than half of US States. So I sit down with Post reporter Casey Parks. She's been covering trans rights across the country for about a decade. Casey explains how we got here and tells us more about one of the families at the center of this case, the Williams family. So now LW is wrapped up in this high profile legal fight. This case is going to be before the Supreme Court tomorrow. I wonder what life was like for her and her family before all of this. Did you get a chance to visit with them and what did you learn?

[Casey Parks]

You know, they're pretty much a normal family. They live in East Nashville, Tennessee. LW is super smart and super creative in ways that some may think of as nerdy. She produces music. She designs her own board games.

[Brian Williams]

The game's rules are a bit complicated, so I might have to explain them to you, like, way ahead of time.

[Casey Parks]

Okay. When I went to see her in Nashville, she challenged me to a game that she had created. And it came with its own spreadsheet that had just dozens of various particular rules. There was a tape measure involved.

[Brian Williams]

You'll roll dice to see how much damage you did. Then you'll add whatever the bonus is. Typically, there'll be bonuses, and then you'll subtract from that, whatever your opponent's armor is. So does that make sense?

[Casey Parks]

You know, before she herself understood that she was trans, she told me that she felt like the whole world was an ocean and everyone else was a fish. And she alone did not know how to breathe underwater. And then a cousin came out as trans. And as she listened to a cousin describe, like, what it felt like to be trans, she thought, oh, that's my drowning feeling. She was about 11 or 12 at this time. She went online, she researched it, and she pretty quickly knew that's what I am. But she was scared to tell her parents. So she waited a whole year before she told her parents. And then Thanksgiving in 2020, she finally told her mom, and then her mom told her dad and her brother. And it wasn't really easy at first. Like, her parents were accepting. They. They both had a lot of gay friends, so they weren't, like, immediately going to reject her, but it was still really hard for them to fully accept, and they didn't want to do anything medical really quickly. I know her dad has said he in particular wanted to slow roll this because she was 12. And he's thinking, you're about to start puberty. Like, this may be just a typical puberty angst. Like, I don't want to make the wrong decision here. And what they decided to do is start off with a therapist. And eventually that therapist recommended the family go to Vanderbilt Children's Hospital, which had a team of doctors. So you're talking about endocrinologists, therapists, that kind of thing.

[Elahe Izadi]

And then what kind of medical care did LW receive at that point?

[Casey Parks]

Things still went pretty slowly for her, especially, I think, much more slowly than she wanted. So she goes to Vanderbilt, they run some tests, they talk to her about the options and what some of the potential drawbacks of different medications will be. And the endocrinologist decided to start her on a drug that's called Lupron. Lupron is a drug that has been used for years on endometriosis, prostate cancer, and also on young people with precocious puberty. So what that means is, like, if a kid is like, seven or eight and they start puberty, then that's really too early for a kid to start puberty. So what doctors will do is they'll give them this drug Lupron, and that just tells their body, like, hey, please don't start puberty yet.

[Elahe Izadi]

Like, hold the brakes.

[Casey Parks]

Yeah, hold the brakes. Medically speaking, we call them puberty blockers in the media, but I actually hear a lot of doctors call them puberty pausers. Oh, interesting, because it just says, like, don't do this right now. So she started Lupron. So what that did is it basically said to her body, please don't go through male puberty. And that just bought her some time because she was really worried about growing facial hair. She was worried about her voice deepening. And so that drug just said, okay, you're just gonna stay where you are. You're not gonna go through male puberty.

[Elahe Izadi]

What it sounds like you're saying is it didn't do anything that was irreversible or couldn't be stopped immediately.

[Casey Parks]

Yeah, at that point, it wasn't any big physical changes. It just kind of arrested her exactly where she was.

[Elahe Izadi]

I see.

[Casey Parks]

And she wanted to go on estrogen immediately. And what that would have done is basically let her develop the same way any other girl would. But both her doctors and her parents were like, hold on, like, we're going to do this slowly. Like, let's do this puberty blocker to give you some time to, like, stay in therapy, see how you're feeling. So she stayed on that medication, just that medication for an entire year. And, you know, at that point, her friends are starting to go through puberty, and so she, of course, wants to go through it as well. And so after a year, the doctor did prescribe estrogen. So at this point, she's on both puberty blockers and estrogen.

[Elahe Izadi]

I see. So then tell me about how her life got upended.

[Casey Parks]

So as LW is going to Vanderbilt, starting puberty blockers and estrogen, that care is totally legal everywhere. No states had banned it. Most of the major medical organizations have endorsed this care as the appropriate action to treat kids like her. So when she and her family were going to Vanderbilt, they weren't necessarily thinking, this is super controversial, or this is going to be taken away from us. And then roughly the same year she started taking estrogen, Arkansas passed the country's first ban on gender transition care. And her parents are really smart. They follow the news like they saw it, and they got a little bit worried. But it was, you know, this wasn't like a big groundswell of states doing this. And then a year Later, Alabama passed one, and they started to get nervous. And then in 2023, actually 2022, before the legislative session even started, Tennessee lawmakers pre filed bills to ban transition care. So this was so important to Tennessee lawmakers that they made this the first bill of the 2023 session.

[Senator Johnson]

All right, we do have a quorum. We have one bill today. Senator Johnson has Senate Bill 001. We do have some.

[Casey Parks]

So they're saying, like, this is the most pressing issue in Tennessee this year. And essentially what they propose, the lawmakers, is that we stop kids like LW from getting puberty blockers, from getting estrogen.

[Mr. Chairman]

Mr. Chairman, we've all seen news reports in recent months relative to what is referred to as. As gender affirming care. This is basically a practice that indulges a child's perception of his or her sex. In other words, if a boy says he is a girl, then doctors should take steps to make his body look like a girl's body. This leads to a willingness.

[Casey Parks]

They also banned surgery. That's not really an issue in this case, and surgery is super rare. Vanderbilt actually released their data and said they only did five surgeries, and they were all top surgeries on trans guys who were pretty close to 18.

[Elahe Izadi]

And what is the medical community's consensus here on gender transition care for minors?

[Casey Parks]

Almost every major medical association has endorsed this care. They say this is an appropriate treatment for gender dysphoria. And that's kind of like the medical diagnosis of someone who feels transgender. There have been quite a few studies that have found that most kids who go through this feeling better after, they maybe feel more confident, they feel less depressed. There are always going to be exceptions to that rule. There have been some particularly vocal people who say they did regret their care. And those people feel really devastated by what they've been through. And they feel like they were fast tracked through medical systems and now they've undergone procedures that they can't undo. And a handful of them have traveled across the country and testified in state houses, including in Tennessee. And I think Republican lawmakers heard those young people's testimony, and they felt really moved, and they thought, I don't want this to happen to other kids. And so I'm going to pass this law to protect kids so that they don't experience the same thing that these. These people who do regret it have gone through. But most researchers who have looked at regret have found that those numbers are really low. We were talking between, like, maybe 1 and 3%. Now, there is a limitation of the research. There haven't been a ton of longitudinal studies. And what that basically means is like a researcher follows a kid for a really long time, it can be hard to get money for those studies. And I know a lot of doctors are worried that under the Trump administration, it's going to be even harder to get money for those studies.

[Elahe Izadi]

And then how did this debate over this bill play out in the Tennessee State House?

[Casey Parks]

The lawmakers basically treated this as if this is something that kids think they have that's not actually real. I think the co sponsor of the House bill said it was a fantasy. Another person referenced his preacher and said, if you don't know what you are.

[Senator Johnson]

A boy or girl, male or female, just go in the bathroom and take your clothes off and look in the mirror, and you'll find that, you know.

[Casey Parks]

One of their arguments is kids brains aren't totally developed yet, so they don't really know themselves. And so we need to step in to protect them from themselves. And LW and her father actually went and watched the senate pass the Bill, and then LW's mom testified in front of the House.

[Samantha Williams]

In this bill, the legislature is violating our rights as parents to make the.

Best medical decisions for our child. You see, my daughter turns 15 this weekend. The party is going to have pizza and brownies because it's her favorite. She is a happy, healthy kid who is not hurting anyone. Her joy, her smile, her confidence would not be what they are if it was not for the blockers that she's been on for a year and a half.

[Casey Parks]

Her mom spent a lot of time writing a speech to say, hey, you're passing this law, and I just want you to know who you're regulating. Like, I have a kid. She's real. The things that she feels are real, and. And she is happier now than she used to be. And this law that you're passing is going to be devastating for her.

[Senator Johnson]

Mm.

[Elahe Izadi]

Mm.

[Casey Parks]

So the bill passed in March 2023.

[Elahe Izadi]

And then how did LW's life and her family's life, how did it change after the bill became law?

[Casey Parks]

Oh, my gosh. So Tennessee actually initially set what's called, like, a weaning off period. They're like, we're passing this bill, but you have a couple of months to continue care. So you don't just straight off of it. Anyone who's ever had any kind of hormonal changes might know hormones aren't something you want to just, like, discontinue immediately. Could send you into a big spiral. So a lot of states will have these weaning off periods. The problem is, actually before the bill became law, Vanderbilt just shut down its clinic.

[Elahe Izadi]

Oh, wow.

[Casey Parks]

And that's happened in a lot of places where we kind of call it over compliance. This has happened in Texas and South Carolina, where even if doctors can continue treating kids, the political pressure is so great, they just wind up shutting their clinics down. So she thought she had some time, and then all of a sudden, her doctors are like, nope, sorry, we can't see you anymore. So her family had to scramble her mom called 12 doctors across the country. They initially found one in Ohio in Cincinnati, which is about five hours away at Ohio Children's Hospital. But then a couple months later, Ohio banned the care so she could no longer go to Ohio. So then they start driving to North Carolina again, a five hour trip. North Carolina also banned the care, but North Carolina's ban included a grandfather clause, so she is still able to go to North Carolina to get her care. That drive has been five hours each way. But because of Hurricane Helene, the road that they take is no longer there.

[LW]

So.

[Casey Parks]

So the trip is probably gonna be many hours longer now. And I have never met a kid who hates missing school more. Like, if I missed school as a kid, I was super happy. But every time she has to travel to get her medicine, she has to take off school, and she hates missing school. She feels like she's getting behind. She goes to a magnet school, so her classes are really hard. She's in three AP classes, so she feels really disrupted by it. And even she and her family are here to go to the Supreme Court. And she was complaining that she's missing psychology class.

[Elahe Izadi]

So, like, she knows what she would be doing otherwise.

[Casey Parks]

Yeah. So it's hugely disruptive for her.

[Elahe Izadi]

Did LW's family, did they ever consider leaving Tennessee after this law was passed?

[Casey Parks]

Well, as soon as the law passed, they certainly thought they might have to immediately.

[Samantha Williams]

We had to think about, you know, if we would have to move to get care. But Brian's parents are aging. They live like 30 minutes from us. We've got jobs that we love, neighborhoods that we love, schools that we love. It would be really hard. We love our home and our community, and we love, love most things about Tennessee. It's just politically, it's not a place where my daughter feels safe. I mean, I don't. I just. That's half the harm of this, is that my daughter feels unwanted in the place that she grew up.

[Casey Parks]

And so they kind of struck on this compromise to drive out of state every three months. But it, that too has been a huge burden. But it's one that at least doesn't affect Brian's parents, doesn't affect LW's brother as much.

[Elahe Izadi]

After the break, Casey explains how this Tennessee ban ended up before the Supreme Court. We'll be right back. So just back in Tennessee, this ban passes, it becomes law. LW's life is upended. What happens with the ban from there and how did it end up being considered by the Supreme Court?

[Casey Parks]

So pretty soon after Tennessee's governor signed the law LW's mom saw on, like, a Facebook post or something. It was in a form by the American Civil Liberties Union, and it said, if you've been impacted by this law, fill out this form and tell us how. Most of the other families who, like, filled out this form were like, I want to be anonymous. But Samantha and her husband Brian felt like, we can do this. We can put our faces out there. And I think their thinking is, like, if we want people to understand us, if we want people to relate, they have to actually see us as human and, like, get to know us somewhat. So a couple months after they filed that lawsuit, a district court judge said, this law is unconstitutional. It can't take effect. Like, kids can still continue to get gender transition care. Most district courts in this country have ruled pretty similarly. Even in some of the most conservative states, judges, lower court judges have said, these are unconstitutional. They can't take effect. Then states appeal those, and then a handful of appeals courts have then decided, actually, no, these are not unconstitutional. This has happened in the 11th Circuit with bans in Florida and Alabama. This case is in the sixth Circuit. So we're talking Tennessee, Kentucky, Ohio. And then once that appeal went in, the ACLU decided, let's ask the Supreme Court to rule on this.

[Elahe Izadi]

What was it like for them once the decision was made to send this to the Supreme Court?

[Casey Parks]

I flew to Nashville last fall, and I was kind of expecting LW would be, like, hyped up like, everything has changed. I'm gonna be famous now. And she really was not like that at all. I got there on Halloween night, and she really was just concerned about how much candy she was gonna get. She and her brother went out trick or treating the next day when the ACLU filed petition for cert. That's basically like, fancy legal speak. I've come to learn for Ask the Supreme Court to look at this. She just went to school. What classes do you have today? Wellness.

[LW]

Because I didn't take that last year. I always hate.

[Casey Parks]

I thought she should at least get off school or something.

[Elahe Izadi]

No way she's going to make psychology class.

[Casey Parks]

But yeah, and she didn't want to miss class, so she just went to school. She did have GSA that day, which I learned from her, is no longer the Gay Straight Alliance. It's Gender and sexualities now. She had that club that day, but she didn't even really go bragging there. Like, I would have thought she would have gone and been like, I'm a civil rights hero, or, I'm a plaintiff And a big thing, but she's pretty low key. She just, you know, wanted to keep learning stuff. And she. She did get a little bit nervous that night. As I mentioned, she's super smart. And that night, she told me that she was a bit worried that she was going to be like Homer Plessy and, like, be a part of a case that enshrined discrimination. Homer Plessy is in Plessy vs Fergus and the case out of Louisiana that said separate but equal. I, at 15, did not know who Homer Plessy was, but, you know, she was worried, like, what if this case goes awry? And, like, suddenly kids everywhere can't get this, and my name's on it. You know, I think over time, she realized she can't actually control that. She's not going to be the one arguing. She's not going to be the one deciding. The only thing she can do is, like, be a part of this lawsuit. So, you know, I think for much of the last year, she's tried really not to think about it. I've talked to her a couple times, and she says she can't really comprehend the magnitude of it because, I mean, who can? You know, there are very few kids who will ever go through something like this, and to wrap your mind around it must be pretty crazy. So she's just been making music, designing board games, making friends, know all the teenage stuff that she feels like she's only able to do because she got this care. Like, you know, before she got this, she wouldn't let anyone hug her. She wore baggy clothes. Even just in the last year from when I first met her, she's much more talkative and outgoing. All of that, she says, is possible because of getting these medications.

[Elahe Izadi]

So, Casey, right now I'd like to get into this case before the Supreme Court and the legal arguments at play. What is the legal argument that the plaintiffs, like LW's family, are making as to why this ban is unconstitutional and shouldn't be the law in Tennessee?

[Casey Parks]

So they're arguing these medications, specifically, like the Lupron, are available to other kids who are not transgender. So kids who go through puberty early can still get this same medication. So they're arguing, like, hey, y'all are letting these kids have this medication. Therefore, it is discrimination to say, I can't have this medication just because I'm transgender. So the family's lawyers have some additional argument. They are represented by the aclu, specifically by the lawyer Chase Strangio, who is going to become the very first openly trans person to argue before the court.

[Chase Strangio]

Hey, everyone. Today we filed our brief in the Supreme Court on behalf of Tennessee families and a medical provider in United States versus Scrametti.

[Casey Parks]

And Chase has said that this case isn't just going to have implications for kids like lw. So, yes, it's a ruling on trans health care, but the ACLU argues whatever the court decides could have massive repercussions for cisgender people as well.

[Chase Strangio]

This is really the opening to restrictions on access to contraception, on access to ivf, and other things we know that our opponents are pushing. Ultimately, the outcome in this case will affect the bodily autonomy and equal protection rights of everyone.

[Elahe Izadi]

And what is the legal argument in favor of keeping the Tennessee ban on the books? What are you expecting to hear from Tennessee's lawyers?

[Casey Parks]

So Scrometti, the Tennessee Attorney general, has argued that states have long had the power to regulate medications. And he says, you know, we've had the power to say certain groups can have these medications in certain groups, groups cannot. So he thinks there's nothing unconstitutional about this, that states have not only the right, but probably the moral obligation to protect children and pass laws that protect children.

[Elahe Izadi]

Casey, I'm wondering just based on the makeup of the court, we're talking before we're hearing oral arguments, so we can always try to read into how the justices are asking questions of the lawyers. But just based on the makeup of the court right now and their past decisions, how are you expecting them to rule? Do you have any sense of that right now?

[Casey Parks]

Everyone knows this court leans conservative, so you would think this is gonna maybe be a slam dunk for the right. But this court has actually either ruled or declined to take cases that enshrined rights for transgender people. Probably the biggest One is the 2020 Bostock vs Clayton county case, which basically said, you can't fire someone for being trans. The court has also declined to hear some cases that, in their declining to hear them, meant trans people maintained rights, whether it be to play sports or do some other things. You know, one of the interesting things about this case is there were a couple dozen Republicans who actually filed amicus brief saying to the court, do not uphold these bans. It's not a Republican ban like they're saying. Republicans believe the government shouldn't be in parents business. So these bans are actually against what our party believes. So as Republicans, we say, strike down these bans. And some of those Republicans have trans kids themselves. Some are just Republican lawmakers. Just as much as trans issues have become a Huge talking point. So have parental rights. And there are these parents who would say it's my parental right to consult doctors and make medical decisions for my kids.

[Elahe Izadi]

So what will LW's family be doing on Wednesday? And LW, you know, as these oral arguments are going on and how are they feeling?

[Casey Parks]

The Williams family is going to be at the court. LW told me this morning that she has a lavender tie she's going to wear. Her mom picked out some special socks. Actually met up with the Williams family this week outside of the Supreme Court. And LW looked up and at the top of the court building, it says equal justice under law. And she kind of pulled her headphones aside and said, well, that's ironic. I'm here fighting for my chance at equal justice and I don't know if I'm going to get it. And LW's a teenager. She's doing everything she can to distract herself and not think about this, but her mom doesn't really have that luxury. She is taking teenagers to the Supreme Court and she has no idea what will really happen.

[Samantha Williams]

Like, we didn't ask to be thrust in the spotlight. We really just wanted her to be able to get her medical care. And it's kind of turned into this whole thing. But yeah, I am hopeful, I'm hopeful that we will get a fair, civil, respectful hearing. I'm trying to be realistic, but also hopeful and hold on to that for the kids.

[Elahe Izadi]

We probably won't know the outcome of this case until, you know, next summer. Joe Biden will not be in office. Donald Trump will be president. And given how much trans rights and trans issues were such a big part of his political campaign, I'm wondering what are you looking to in the future in the coming months with both the outcome of this case and just what life will be like for LW and other trans people.

[Casey Parks]

So right wing strategists have told me they think they've pretty much tapped out how many states will pass bans. So they have all along been looking to a federal ban or other federal regulations on trans young people. One of Donald Trump's platforms does say he will end so called gender affirming care. That's how he puts it. I don't know if he would pass a national ban. It seems unlikely to me that he would interfere with states decisions to pass their own laws. But I'm not a mind reader, so I don't really know. But I think there are people who fear that. I think LW will probably try to spend the next months focusing on school. She'll have to continue making regular trips to North Carolina to get estrogen. And then, you know, she is going to be 17 early next year. So this ban wouldn't apply to her for much longer. But she's doing this not just for herself but for her friends. You know, one of the things she told me is I have friends who can't even go get therapy for this. Like, it's not just the medicines it bans. You know, there are therapists who are scared if they give someone a diagnosis of gender dysphoria that they, they will be fined under this law because this law doesn't penalize the families, it penalizes the medical providers. They could be fined $25,000. And she feels like she's not just doing this for herself at this point, she's doing this for other kids in Tennessee. And I know she'll be waiting to see what happens. And I don't think there's anything really she can do between now and June except live her life.

[Elahe Izadi]

Yeah. Well, Casey, thank you so much for joining and sharing your reporting with us. I really appreciate it.

[Casey Parks]

Thank you.

[Elahe Izadi]

Casey Parks covers LGBTQ issues for the Post. The Post is reporting on so many other stories today. So before I go, here are two others I wanted to share. First, South Korea's president declared martial law on Tuesday evening local time. This is the first time this has happened there in 44 years. And then hours later, President Yoon Suk Yeol said he would lift it. Yoon made the surprise martial law declaration over frustration with parliament. The opposition party dominates the parliament, and Yoon said it has paralyzed the government. He also accused his political opposition of sympathizing with North Korea and of anti state activities. But he didn't cite any specific threats. The scene in South Korea turned chaotic. In Seoul, protesters clashed with police as they cried out, end martial law. A majority of lawmakers then voted to block the president's declaration. And hours later, Yoon said he would accept that vote and lift martial law. And an update to a story we reported this summer. The Biden administration wants to end a program that allows some employers to pay disabled workers far less than minimum wage. You might remember our comprehensive investigation into the 14C program program. It found that many of these workers languished in jobs with low wages for years. Some disabled workers got paid less than a dollar an hour. But advocates of 14C say it's helpful to get people work experience. Now, the Department of Labor will issue a new rule to phase the program out entirely. But before it can take effect, there are some obstacles the rule will face a public comment period, possible legal challenges, and the scrutiny of the incoming Trump administration. That's it for Post Reports. Thanks for listening. If you love the show, help other people discover it by leaving a rating on Spotify or a rating and review on Apple Podcasts. Today's show was produced by Emma Talkoff and Ariel Plotnick, with help from Bishop Sand. It was mixed by Justin Gerrish and edited by Maggie Penman, with help from Rena Flores. Thanks to Ann Marimo and Debbie well Goren. I'm Elahe Izadi. We'll be back tomorrow with more stories from the Washington Post.