Abstract
In recent years, anti-trans sentiment has significantly increased in the United States. This Article examines the legal advocacy by the LGBTQ+ community that laid key legal groundwork for basic protections through landmark US Supreme Court decisions like Lawrence v. Texas and Obergefell v. Hodges and analyzes how recent judicial and legislative actions signal a dangerous reversal of that progress.
The central analysis focuses on the consequences of United States v. Skrmetti, where the Supreme Court upheld Tennessee’s ban on gender-affirming care for minors by applying rational-basis review, concluding that the law classified based on age or medical diagnosis, rather than sex or transgender status. This Article argues that the Court erred in its reasoning, and as Justice Sotomayor warned, "retreat[ed] from meaningful judicial review."
Finally, the Article situates Skrmetti within a broader global context, drawing parallels to international developments such as Hungary’s constitutional amendment officially recognizing only two sexes—mirroring the logic of U.S. Executive Order 14168. As transgender rights face escalating legal and political challenges, this Article contends that continued advocacy is vital and that transgender experiences must be centered in legal and political discourse.
Recommended Citation
Parrey, Julia
(2026)
"The International and Comparative Aspects of United States v. Skrmetti: The Detrimental Rise of Anti-Trans Sentiment in the United States,"
Immigration and Human Rights Law Review: Vol. 7:
Iss.
1, Article 5.
Available at:
https://scholarship.law.uc.edu/ihrlr/vol7/iss1/5
Included in
Civil Rights and Discrimination Commons, Human Rights Law Commons, International Law Commons, Law and Gender Commons, Lesbian, Gay, Bisexual, and Transgender Studies Commons, Public Interest Commons