Republican Governors Argue for Flexibility in Transgender Care Restrictions, Citing Marijuana Legalization Model

Ten Republican Governors Argue States Should Have Flexibility to Restrict Transgender Care, Citing Marijuana Legalization

In a recent amicus curiae brief submitted to the US Supreme Court, ten Republican governors, led by South Carolina Governor Henry McMaster, argued that the flexibility states have to legalize marijuana despite federal prohibition should also apply to laws restricting transgender care for minors. The brief was filed in the case United States v. Skrmetti, which involves a lawsuit against the state of Tennessee over a law banning gender-affirming medical care for transgender youth.

The governors cited the varying approaches to marijuana legalization across states, noting that some allow medical marijuana, while others permit recreational use, and some prohibit it altogether. They argued that this same flexibility should be applied to transgender healthcare laws, allowing states to make their own decisions about how to approach gender-affirming medical procedures for children.

The brief was signed by the governors of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, South Dakota, and Utah, all of whom are Republicans. Notably, some of these governors have previously resisted efforts to legalize marijuana in their states.

The Supreme Court is currently considering several cases related to marijuana and cannabis products, including a case involving a trucker who was fired after testing positive for THC and another case involving the federal government’s ban on marijuana users owning guns. The court’s decisions in these cases could have significant implications for the cannabis industry and the rights of individuals who use marijuana.