The U.S. Supreme Court has upheld a Tennessee law that bans gender-affirming care for minors. CBS News chief legal correspondent Jan Crawford has the latest details.

Washington

The U.S. Supreme Court has upheld a Tennessee law that bans gender-affirming medical care, including hormones, puberty blockers, and surgeries, for minors. The 6-3 decision, written by Chief Justice John Roberts, affirms that states have the authority to regulate medical treatments for children and that there is no constitutional right for transgender minors to access these treatments.

The ruling does not address whether parents have the right to seek such treatments for their children, as that issue was not part of the case. The decision also rejects arguments that the law is discriminatory, stating that restrictions are based on age rather than gender identity. The court's decision affects similar laws in 26 other states and highlights ongoing divisions in the U.S. over transgender rights.

Supreme Court upholds ban on gender-affirming care for minors

We have some breaking news from the Supreme Court. The high court just ruled to uphold Tennessee's ban on gender-affirming care for minors. It's a stunning setback to transgender rights. Let's go to CBS News chief legal correspondent Jan Crawford. She is in Washington for us. Jan, good to see you today. Can you take us through this decision from the high court? Sure. I mean, the justices are upholding a Tennessee law, which Tennessee passed like dozens of other states a couple years ago, that bans the use of hormones, puberty blockers, surgeries in minors, kids who either identify as transgender or have gender dysphoria and want to change their biological sex. Tennessee and 26 other states ban or sharply restrict the use of these treatments for minors. So the question is, is that constitutional? And the justices in a 6-3 decision written by the chief justice, John Roberts, said yes. It upheld Tennessee's law and those other state laws, essentially saying that children don't have, transgender children don't have a constitutional right to those drugs and that states regulate medicine and states are free to regulate drugs and treatments based on age. And then that is not a constitutional issue. So they're really green lighting these laws. It is not resolving a lot of the other issues about transgender rights by any means, but it's certainly a signal that this court will look skeptically at some of those arguments as well. Hmm. So what legal issues on gender affirming care were not resolved in today's ruling? Because I, for one, I'm curious about a parent's right to make this decision for their child. Right. That was not an issue in this case. This issue only involved the arguments and it was brought by the Biden administration that because some kids in these states were able to use these kind of drugs to treat other conditions such as early onset puberty or certain cancers, that it was discriminating against kids who identify as transgender, that if they couldn't get them to treat gender dysphoria. So they said they had a discrimination claim because they were being treated unequally and the court rejected that. I mean, they said that they're treating girls who identify as trans, boys who identify as trans the same, that the states are restricting the use of these drugs based on their age. And as a result, they don't really have a constitutional case. Now, the question about whether parents have a right to these treatments for their kids, that's a separate issue and that's still working its way up to the court. But for now, what that means, if you're a parent and you want your kids to have these kind of drugs, you're going to have to go to states where they are specifically allowed. And we've got a map of that, but it really is striking because they're mainly on the two coasts. There's some in the middle, of course, but it's a lot of the red states. There's a real, I mean, the blue states, obviously. There's a real divide here, which of course we saw in the presidential election. This is one of the most contentious issues in this country. And polls show that majorities of Americans do not support this kind of care for children. As the court emphasized, these are drugs that are novel. They have potentially life-altering consequences. And so therefore, states are free to restrict them based on age. OK, CBS News Chief Legal Correspondent Jan Crawford, thank you so much. I'm sure we'll be talking to you about other decisions this week, too. Thank you.

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