SC Public Radio's Maayan Schechter asks SC Daily Gazette's Skylar Laird about the U.S. Supreme Court's decision in U.S. v. Skrmetti that upholds Tennessee's ban on gender-affirming care for transgender minors and how that ruling might affect a pending federal court case over South Carolina's ban that also includes adults.
MAAYAN SCHECHTER, HOST: It's the season of U.S. Supreme Court opinions. And on Wednesday, in a 6-3 vote along ideological lines, the U.S. Supreme Court upheld the state of Tennessee's ban on gender-affirming care for transgender minors. More than 20 states, including South Carolina, have similar laws. But South Carolina's law is broader. It also affects adults. There is a federal lawsuit that was brought by three transgender adults after suing the state. And to discuss this lawsuit with me is Skylar Laird, who covers health and criminal justice with the South Carolina Daily Gazette.
SKYLAR LAIRD: Thanks for having me.
SCHECHTER: So to start, what does our law on gender-affirming care say?
LAIRD: So our law is similar to the Tennessee law, in that it bans hormones and surgeries for anyone under the age of 18. But our law also has a line that bans any public funds from directly or indirectly going toward gender-affirming care, which also means that anyone over the age of 18 who uses Medicaid or is on the state health care plan also cannot access this care.
SCHECHTER: And I know that this case was was paused as the courts were waiting to see what the U.S. Supreme Court would do. But what else is going on with that particular case right now?
LAIRD: So right now we're waiting for the attorneys on either side of the case to basically make their arguments as to why this case should or shouldn't move forward, and then after that, a federal judge will decide whether or what can move forward of the case here.
SCHECHTER: So talking again about South Carolina's law, what does that mean for families who may have children who were getting gender-affirming care in the state or were set to receive it, or even hospitals that were providing it?
LAIRD: So right now there, if you have a child who's under the age of 18 who was receiving this care, wants to receive this care, they can't get it in the state. There are some families that have gone out of state to get it, but if they're here in South Carolina, they can't get that. And at least the Medical University of South Carolina has stopped doing the care for anyone, arguing that because it's publicly funded, they can't do the care for kids or adults.
SCHECHTER: I know it's difficult to look at a crystal ball, but do you think that the U.S. Supreme Court, their decision on the Tennessee case, has any impact on what could happen with the law here in South Carolina in court?
LAIRD: You know it's going to depend. But the attorneys for the ACLU at least are arguing that our case could continue to move forward because our law is more expansive and affects adults, and because they're arguing it on a few other legal points that were not addressed in the Tennessee case.
SCHECHTER: Lastly, Skylar, I want to touch on another topic real quick, and that is an opinion that here in South Carolina we're waiting on and anticipating. And that is the case over whether Planned Parenthood can continue on the Medicaid rolls. So what's the deal with that case? What are the potential outcomes, implications of a ruling in that case, if the court does decide to side with the state against Planned Parenthood?
LAIRD: Yeah, so that one goes all the way back to 2018 executive order. And if the (U.S.) Supreme Court were to side with the state on that, then that would mean that basically any patients who use Medicaid would not be able to go to any clinics that also offer abortions, like Planned Parenthood for any kind of care, which includes cancer screenings, testing for STIs, that sort of thing.
SCHECHTER: And as you've reported, and other reporters have also reported, Planned Parenthood has two clinics (one in Columbia and one in Charleston), but there is one more clinic correct in the Upstate?
LAIRD: Yeah, Greenville (run by the Greenville Women's Clinic).
SCHECHTER: That's right, and that's Skylar Laird with the South Carolina Daily Gazette. Skylar, thank you so much for joining me.
LAIRD: Thanks for having me.
