How would gender-transition treatment bans shape your ministry's policies?

U.S. Supreme Court

Case #2: National Implications

United States v. Skrmetti

How would gender-transition treatment bans shape your ministry’s policies?

At the center of this case is Tennessee’s Senate Bill 1 (SB1), which bans gender-transition treatments for minors, including puberty blockers and hormone therapies. In United States v. Skrmetti, the federal government challenged the law, asserting it unlawfully discriminates against transgender youth and exceeds state authority. A federal district court initially blocked enforcement of SB1, ruling that the law likely violates the constitutional rights of transgender minors. Tennessee appealed, and the Sixth Circuit reversed the district court, allowing SB1 to take effect, ruling it did not unconstitutionally discriminate and served the state’s legitimate interest in regulating medical treatments for minors. The case was then petitioned for review by the U.S. Supreme Court, which agreed to hear it. With 25 states enacting similar bans, this case could establish a legal framework for addressing gender-transition issues in a ministry context nationwide.

Ministry Impact

If SB1 is upheld, faith-based organizations may find it easier to align their policies on gender identity with their religious convictions, particularly in areas such as employment practices, counseling services, and youth programming. However, ministries must remain vigilant about state and federal anti-discrimination laws, ensuring their policies are both lawful and mission-aligned.

If the law is struck down, ministries could face increased pressure to adopt policies that may conflict with their beliefs. Navigating this tension will require careful legal guidance and a commitment to protecting their mission while complying with evolving regulations.

What Your Ministry Can Do

1. Review Employment Policies and Governing Documents

Ensure that your employment practices are consistent with your ministry’s beliefs on gender identity, particularly for staff members in youth services and counseling roles. Clarify whether employees or volunteers are expected to adhere to your faith-based views on gender and sexuality.
Clearly articulate your ministry’s sincerely held beliefs concerning gender and sexuality in your governing documents (e.g., bylaws).

2. Update Counseling Guidelines

Review your ministry’s counseling policies, especially for minors, to ensure they align with both your religious values and the legal requirements in your state.

3. Prepare for State-Specific Legislation

Given that laws related to gender identity and transition are evolving rapidly, ensure that your ministry is prepared for potential state-specific legislation by staying informed about the legal environment in your state and region.

Brotherhood Mutual is pleased to provide Legal Assist as a complimentary resource. Services through Legal Assist aim to provide general risk management guidance to our current and prospective policyholders.

While the information provided in this resource is intended to be helpful, it does not constitute legal advice and should not be used as a substitute for advice from a licensed attorney in your area. Please note that no attorney/client relationship is established through this process, and no legal advice will be provided. We strongly recommend regular consultations with a licensed local attorney as part of your risk management program.