The Supreme Court and Transgender Rights: What History Tells Us About the Future Under Christian Nationalism
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By: Lisa M. Hayes
The Supreme Court of the United States has long been a battleground for civil rights, and transgender rights are no exception. While there have been significant victories in recent years, the growing influence of Christian nationalism under the Trump administration signals an aggressive escalation in the fight to restrict transgender rights.
With the far right relentlessly targeting transgender individuals through policies and legislation, the stakes have never been higher. The Supreme Court—now dominated by a 6-3 conservative majority—will inevitably become the arbiter of these battles, and its decisions will reverberate for generations.
As we brace for what’s to come, it’s essential to understand the Court’s history with transgender rights, the influence of Christian nationalism on its current trajectory, and the actions we must take to resist.
A Brief History: The Supreme Court’s Engagement with Transgender Rights
While the Supreme Court has not directly ruled on many transgender-specific cases, its broader decisions on LGBTQ+ rights have shaped the legal landscape significantly.
Bostock v. Clayton County (2020)
This landmark case marked a pivotal moment for LGBTQ+ rights, including transgender Americans. In a 6-3 decision, the Court ruled that Title VII of the Civil Rights Act of 1964—prohibiting discrimination based on sex—extends to sexual orientation and gender identity.
Justice Neil Gorsuch, a Trump appointee, authored the majority opinion, stating:
“It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”
This decision was a watershed moment, affirming workplace protections for transgender individuals. However, its scope is limited to employment and does not explicitly address areas like healthcare, education, or public accommodations—areas now under intense legal and political attack.
Grimm v. Gloucester County School Board (2021)
While the Supreme Court declined to hear this case, the lower court’s ruling in favor of Gavin Grimm—a transgender student fighting for the right to use restrooms aligning with his gender identity—stood as a victory for trans rights. The Court’s decision not to intervene signaled tacit support for lower court rulings affirming the rights of transgender students.
The Rise of Christian Nationalism and Its War on Transgender Rights
Christian nationalism is not just a fringe ideology—it has become the driving force behind the far right’s political and legal agenda. Rooted in a belief that the United States should be governed by conservative Christian values, this movement weaponizes religion to justify policies that marginalize and control vulnerable populations, including transgender individuals.
Key Pillars of Christian Nationalist Policies on Trans Rights
- Gender Essentialism:
- Christian nationalism clings to the belief that gender is immutable and divinely assigned at birth. This worldview directly opposes the lived experiences of transgender people and seeks to erase their identities through legal means.
- State-Level Legislation:
- Since 2020, over 20 states have introduced or passed laws targeting transgender individuals, including bans on gender-affirming healthcare for minors, restrictions on trans athletes, and policies forcing students to use bathrooms corresponding to their sex assigned at birth.
- Federal Policies Under Trump:
- The Trump administration has issued sweeping executive orders reversing progress on transgender rights, including:
- Denying gender-affirming care to transgender inmates.
- Halting the issuance of gender-corrected passports.
- Reinstating gender-based discrimination in federal programs.
These policies aim to entrench discrimination at every level, creating a hostile environment that Christian nationalism seeks to normalize.
Pending Cases: The Battle Over Gender-Affirming Healthcare
The Supreme Court’s next major engagement with transgender rights is likely to center on gender-affirming healthcare.
United States v. Skrmetti (2024)
This case challenges Tennessee’s Senate Bill 1, which bans gender-affirming care for minors, including puberty blockers and hormone therapy. Advocates argue that the law violates constitutional protections under the Equal Protection Clause and the right to privacy.
This will be the first time the Supreme Court directly addresses the constitutionality of restrictions on transgender healthcare. If the Court upholds the ban, it could embolden other states to pass similarly restrictive laws and weaken existing protections for transgender individuals nationwide.
The Supreme Court’s Conservative Tilt: No Bumpers Left
With its 6-3 conservative majority, the Supreme Court has already demonstrated its willingness to overturn long-standing precedents to align with far-right ideology. Decisions like Dobbs v. Jackson Women’s Health Organization (2022), which overturned Roe v. Wade, show how fragile protections for marginalized groups can be when the Court is shaped by Christian nationalism.
The Threat to Bostock
While Bostock v. Clayton County remains a landmark decision, its protections are not absolute. The Court’s growing tendency to privilege religious liberty over anti-discrimination laws—evident in cases like 303 Creative LLC v. Elenis (2023)—poses a direct threat to the precedent set by Bostock. Religious exemptions could effectively nullify protections for transgender individuals, particularly in healthcare and public accommodations.
What’s at Stake: More Than Just Legal Protections
The far right’s attack on transgender rights isn’t just about policy—it’s about erasure. By denying gender-affirming care, stripping legal recognition, and criminalizing trans existence, Christian nationalism seeks to erase transgender people from public life altogether.
If the Supreme Court sides with these policies, the consequences will be devastating:
- Healthcare Denied: Transgender youth and adults could lose access to life-saving medical care.
- Erasure in Public Spaces: Policies restricting bathroom access and legal recognition will push transgender individuals further into the shadows.
- Broad Legal Precedents: A ruling upholding these laws could pave the way for further discrimination against LGBTQ+ communities and beyond.
How to Resist and Prepare for What’s Ahead
The fight for transgender rights is far from over, and resistance is both necessary and possible. Here’s what we can do:
- Support Advocacy Organizations: Groups like the ACLU, Lambda Legal, and the Transgender Law Center are on the front lines of legal battles. Donate, volunteer, or amplify their work.
- Vote at Every Level: Local and state elections have a massive impact on the policies that reach the Supreme Court. Support candidates who champion LGBTQ+ rights.
- Educate and Mobilize: Build awareness about the stakes of these battles and encourage allies to take action. Knowledge is power, and the more people understand the dangers of Christian nationalism, the stronger our resistance.
- Create Safe Spaces: In the face of legal attacks, community-led initiatives like mutual aid networks can provide crucial support for transgender individuals.
The Supreme Court stands at a crossroads. Its decisions on transgender rights will not only shape the future of legal protections but also signal the direction of our nation’s values.
Christian nationalism seeks to strip away hard-won progress and impose its rigid, exclusionary worldview. But history shows that resistance—fierce, organized, and unapologetic—can change the course of history.
The fight for transgender rights is a fight for justice, equality, and the soul of a nation. It’s a fight we cannot afford to lose.
Lisa Hayes is a life coach, writer, and editor of Confluence Daily, specializing in social issues, political issues, and mental health. Her work has appeared in publications like Huffington Post and Real Simple. She is also the Communications Director for a local fire department in Mexico and runs a life coach training program called The Coaching Guild.
