Supreme Court’s “Cruel Blow” Makes Fighting for Trans Rights in Court Even Harder, Says Legal Expert

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Shannon Minter, legal director of the newly renamed National Centre for LGBTQ Rights (NCLR), is once again on the frontlines of an escalating legal battle over LGBTQ+ rights under a second Trump administration. This time, he’s facing a judiciary that appears less sympathetic and more politically aligned against transgender Americans.

Eight years ago, Minter was instrumental in leading NCLR and GLAD’s legal challenge against Trump’s first ban on transgender military service. A federal court issued a preliminary injunction halting the ban, which remained in place for nearly two years until President Joe Biden reversed the policy. The case never made it to the Supreme Court.

In Trump’s second term, Minter pursued a similar strategy. This time, however, while he again won an initial injunction, the Supreme Court quickly intervened and issued a stay. This allowed the new ban to proceed, highlighting the growing conservative dominance of the Court and the administration’s aggressive push to expel transgender service members.

“In May, the Supreme Court big-footed us and issued a stay,” Minter said from his home in Texas. “It could be years before the Court hears the latest trans military ban on the merits.”

The setback reflects broader concerns about the Court’s posture on trans rights, particularly following its recent decision in United States v. Skrmetti, which allowed a Tennessee law banning gender-affirming care for minors to stand.

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“A Cruel Blow” for Trans Youth

“It’s so frustrating,” Minter said of the Court’s refusal to assess the Tennessee law as a violation of equal protection.
“They went through this elaborate dodge by absurdly finding that Tennessee’s law doesn’t target transgender youth. They just rubber-stamped it.”

The ruling leaves lower courts in limbo, with no clear guidance on how to assess laws that target trans people, and allows harmful legislation to stand without scrutiny.

“The Supreme Court’s decision could have clarified the level of scrutiny courts should apply when governments discriminate against transgender people. Instead, they left everything muddled,” Minter said.
“The law plainly targets transgender youth, and yet the Court pretended it was just a neutral regulation of healthcare.”

Ignoring Their Own Precedent

Minter pointed out the inconsistency with the Court’s own 2020 Bostock decision, which found that anti-trans discrimination is a form of sex discrimination.

“They literally said you can’t discriminate against a transgender person without taking their sex into account,” Minter explained.
“But here, they ignored that entirely.”

Justice Alito, though part of the majority, even expressed confusion over how the majority could conclude that Tennessee’s law didn’t specifically target trans youth.

Next Steps in the Legal Fight

Despite this, Minter and NCLR are exploring other legal avenues. State-level constitutional challenges have already yielded results, and another route involves proving that such bans are based on animus, or malicious intent toward trans people—something courts have ruled unconstitutional.

“We proved that in Florida, where a district court found the ban was based on animus,” Minter said.
“But that’s hard to prove in every state.”

He’s also concerned that the Court’s suggestion to “leave the issue to the people and their representatives” may embolden states to attempt broader bans, even on adult trans healthcare.

“That would be deeply alarming,” Minter noted. “But the decision focused heavily on minors and so-called medical debate. There’s no such confusion about adult care—it’s long-established, safe, and effective.”

Could Landmark LGBTQ+ Rights Rulings Be at Risk?

While some fear broader rollbacks on LGBTQ+ rights, Minter said the Skrmetti ruling didn’t touch landmark cases like Obergefell v. Hodges or Lawrence v. Texas, which deal with marriage equality and same-sex intimacy.

“Those cases are based on fundamental rights, and this ruling was solely about equal protection,” he explained.
“Though I will say, Justice Thomas did go out of his way to argue the equal protection clause doesn’t even apply to women.”

Political Will Still Matters

Despite Republican attacks on trans identities during the election, Minter rejects the idea that Democrats are backing away from trans rights.

“I think the media is exaggerating tensions,” he said.
“Democrats did an incredible job defeating a federal ban on trans youth in school sports. They’ve stood firm in maintaining trans healthcare coverage in Medicaid.”

“On the whole, they’re not abandoning us—and I really appreciate that.”

Trans Military Ban Still Working Through Courts

Minter is also representing plaintiffs in Talbott v. Trump, challenging the second military ban. Although the Court allowed the ban to proceed, the case is ongoing.

“It’s heartbreaking. These service members have done nothing wrong,” he said.
“This is one of the most grotesque, morally depraved things I’ve seen. We’ll keep fighting, but by the time we win, many will have already been discharged.”

Because of recent Supreme Court decisions limiting “universal” injunctions, Minter says plaintiffs now must either win class-action status or pursue individual relief, making litigation more difficult.

A Divided Nation—But Not Forever

Is the country heading toward an unbridgeable red/blue divide on LGBTQ+ rights?

“I hope not,” Minter said. “LGBTQ people are born into every family, in every state. That connection makes a deep difference.”
“In the short term, yes—we’re seeing some states protect us and others nearly persecute us. But it won’t stay that way forever.”

Looking Ahead: Hope in Science, Law, and Community

Asked whether the right to transition could one day be enshrined as a constitutional guarantee, Minter is hopeful.

“Absolutely. The science is on our side. Transition-related care is real, it’s effective, and for many of us, it’s lifesaving,” he said.
“As society becomes more educated, understanding and support will continue to grow. We’re already seeing that. And I’m grateful to be living in a time when transition is possible.”

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