After Bostock: Transgender Rights Face a Harsh Judicial and Political Backlash

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The Supreme Court’s 2020 Bostock v. Clayton County ruling, authored by Justice Neil Gorsuch, held that discrimination against transgender workers is unlawful sex discrimination, raising hopes of broader protections beyond employment. Lower courts and the Biden administration initially expanded its logic to education and healthcare. However, as the Court grew more conservative and Republican-led states passed laws restricting transgender rights, that momentum stalled. In 2024, the Court upheld state bans on gender-affirming care for trans youth in United States v. Skrmetti, distancing itself from Bostock and rejecting claims of sex discrimination. Conservative justices signaled limits on extending Bostock, particularly in areas like sports and public policy. Now, as the Court hears cases on transgender participation in women’s sports, advocates warn Bostock’s promise has narrowed, with protections largely confined to the workplace amid what legal experts describe as a brutal backlash.