In recent closed-door conservative conferences, U.S. Supreme Court justices were eyeing other cases that would implicate key rights for transgender Americans, The Hill reported on Dec. 28.

Among the legal questions at issue in those disputes are matters of “parental rights,” the ability of transgender athletes to play on sports teams consistent with their gender identity, and rules requiring government sponsored health plans to cover transgender medical care.

Justices Amy Coney Barrett and Brett Kavanaugh, both appointed by President-elect Donald Trump, made reference to these cases during oral argument earlier this month in U.S. v. Skrmetti, whose ruling will decide the constitutionality of state laws banning gender-affirming health treatments for minors.

“If you prevail here on the standard of review, what would that mean for women’s and girls’ sports in particular?” Kavanaugh asked. Barrett later revisited the question, asking, “Could you address Justice Kavanaugh’s questions about what the implications of this case would be for the athletic context or the bathrooms context?” 

“We would have no objection to explicit language saying this decision does not in any way or should not be understood to affect the separate state interests there that have to be evaluated on their own terms,” responded U.S. Solicitor General Elizabeth Prelogar, who is arguing on the side of plaintiffs challenging Tennessee’s law banning gender-affirming care for youth.

The Hill notes that the justices’ treatment of appellate cases over the sports issue in West Virginia and Idaho indicates they are likely interested in adjudicating the matter — but not until Skrmetti is decided, which is expected to come in June.

Likewise with respect to battles over West Virginia and North Carolina’s refusal to cover transgender medical care with government-sponsored insurance.

Washington Blade courtesy of the National LGBTQ Media Association.