Chase Strangio: First Openly Transgender Lawyer to Present Case at U.S. Supreme Court

Photo : Reuters

Chase Strangio, an attorney with the American Civil Liberties Union (ACLU), is poised to make history this December as the first openly transgender lawyer to argue before the U.S. Supreme Court. Strangio will challenge a Tennessee law that prohibits gender-affirming medical care for transgender minors, a measure backed by Republican lawmakers in the state.

At 41, Strangio represents a group of transgender individuals who filed a lawsuit contesting the legislation, which bans various medical treatments, including hormone therapy and surgeries, for minors experiencing gender dysphoria. This case is considered one of the most significant of the current Supreme Court term, as the nine justices are set to hear arguments on December 4 regarding an appeal from President Joe Biden's administration against a lower court's decision that upheld Tennessee's ban.

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On Monday, the Supreme Court announced that the time allocated for arguments will be shared between the Justice Department and the attorneys representing the original plaintiffs who brought the lawsuit against the state. Strangio is tasked with presenting the case for these plaintiffs, delivering arguments in the ornate courtroom known for its historical significance.

ACLU Legal Director Cecillia Wang praised Strangio as a leading expert in U.S. legal matters concerning transgender rights. "He brings to the lectern not only brilliant constitutional lawyering but also the tenacity and heart of a civil rights champion," Wang noted.

Strangio joined the ACLU in 2013 and currently serves as co-director of its LGBTQ & HIV Project. In this role, he has been instrumental in opposing numerous state laws that target transgender individuals, including 12 legal challenges against such laws currently under consideration, including the one before the Supreme Court.

His legal advocacy includes high-profile cases, such as representing transgender student Gavin Grimm, who fought for the right to use the bathroom aligned with his gender identity against a Virginia school board, and Chelsea Manning, a transgender former U.S. Army soldier who was imprisoned for leaking classified information.

According to the Justice Department, Tennessee is one of 22 states that have enacted measures restricting medical interventions for adolescents diagnosed with gender dysphoria, which refers to the distress experienced when a person's gender identity does not align with the sex they were assigned at birth.

Proponents of the law argue that the medical treatments in question are experimental and potentially harmful. In contrast, medical associations assert that gender-affirming care is crucial and can be life-saving, with long-term studies attesting to its effectiveness.

The plaintiffs in the Tennessee lawsuit include two transgender boys, a transgender girl, and their parents, all of whom assert that the treatments have significantly improved their quality of life and overall happiness. The Justice Department has intervened in the case to support the challenge against the law.

Challengers of the ban argue that it violates the 14th Amendment's promise of equal protection under the law by discriminating against transgender youth based on their gender identity and status. In a written submission, the Justice Department emphasized that one of the law's "declared purposes is to enforce gender conformity and discourage adolescents from identifying as transgender."

The state of Tennessee has requested that the Supreme Court allow the law to remain in effect, with Attorney General Jonathan Skrmetti stating in a filing, "Tennessee lawfully exercised its power to regulate medicine by protecting minors from risky, unproven gender-transition interventions."

A federal judge initially blocked the law in 2023, finding that it likely violated the 14th Amendment. However, a 2-1 decision by the Cincinnati-based 6th U.S. Circuit Court of Appeals reversed this injunction in the same year.

The Supreme Court has dealt with several significant cases related to LGBT rights over the past decade. In 2015, it legalized same-sex marriage across the United States. In 2020, the court ruled that a landmark federal law prohibiting workplace discrimination extends protections to gay and transgender employees. Most recently, in 2023, the court affirmed a case from Washington state establishing that the constitutional right to free speech allows certain businesses to refuse service for same-sex weddings.

As Strangio prepares to argue before the nation’s highest court, this case could have far-reaching implications for transgender rights and the ongoing debate over medical care for transgender youth in the United States.

Oct. 22, 2024 12:40 p.m. 442

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