Health Affairs October 31, 2024
On December 4, 2024, the US Supreme Court will hear United States v Skrmetti. The case raises the question of whether a state law that prohibits medically necessary gender-affirming care for transgender people violates the 14th Amendment’s equal protection guarantee, which bars discrimination based on sex.
Skrmetti arrives five years after Bostock v Clayton County, Georgia, which addressed Title VII of the 1964 Civil Rights Act (the act). The act, among other prohibitions, bars employment discrimination based on “sex.” Bostock held that the act’s prohibition on sex-based discrimination prohibits discriminatory conduct based on transgender identity or sexual orientation. The Equal Employment Opportunity Commission, which oversees and enforces Title VII, has extended Bostock’s holding to the terms and conditions of employment...
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