By Joan Biskupic, CNN Chief Supreme Court Analyst
(CNN) — When the Supreme Court, led by Justice Neil Gorsuch, ruled in 2020 that federal law protected transgender workers from discrimination, the justices appeared to launch a new era of rights for a historically shunned group.
LGBTQ advocates believed the core principle of Bostock v. Clayton County – that bias against transgender people amounts to unlawful sex discrimination – would extend beyond the workplace.
Lower court judges, in fact, soon began relying on the Bostock decision to protect transgender individuals in educational settings, such as to ensure access to bathrooms of choice and desired sports teams. In 2021, the Biden administration cited Bostock as it imposed rules protecting trans individuals from discrimination in health care.
But the Bostock foundation was shaky at the Supreme Court, as the majority grew more conservative. At the same time, Republican-controlled states increasingly adopted legislation diminishing transgender rights, in education and public facilities, healthcare and athletics.
“It had great potential as a legal matter and, more broadly, as a political matter,” said Georgetown law professor David Cole, “in recognizing that when we discriminate against people because they are transgender we are, in fact, engaging in sex discrimination and enforcing sex-based stereotypes.”
Cole, a former national legal director of the ACLU who argued on behalf of a transgender woman in the 2020 case, said Bostock’s repercussions have cut in two directions.
Bostock has provided coverage for trans individuals on the job. Yet, Cole, referring to the politicking and legislative efforts against trans rights, said, “The backlash has been brutal.”
Last June, the Supreme Court turned away from Bostock when it upheld state bans on hormone treatment and other medical care for trans youths. The 6-3 majority rejected arguments that they were a form of sex discrimination and declared the bans instead tied to age and medical use. Dissenting justices contended the new ruling, in United States v. Skrmetti, simply could not be squared with Bostock.
“As was true in Bostock, then,” they wrote, “the law deprives minors of medical treatment based, in part, on sex.”
Now, in one of the most anticipated disputes of the justices’ current session, the court will hear a pair of cases on Tuesday over whether states can keep trans women from participating on female sports teams without violating federal anti-bias statues or the Constitution’s guarantee of equal protection of the law.
“Bostock crystallized an understanding for the populus, both on rights and responsibilities under the law,” said law professor Kara Ingelhart, director of the LGBTQI+ Rights Clinic at Northwestern. “Then Skrmetti created confusion and a lot of mistrust.”
Skrmetti changed the rules
The Skrmetti case revealed a shifting approach and mindset at the court.
The opinion was written by Chief Justice John Roberts, who had been a vote for transgender rights in the 2020 case.
Joining the majority was also Gorsuch, Bostock’s author. He had not asked a single question during the oral arguments, which was highly unusual, and then he wrote no separate opinion to explain how he was reconciling the two decisions.
Justice Amy Coney Barrett, who had joined the bench in late 2020 after Bostock, wrote separately in the 2025 case. Her approach would have directly undercut the potential reach of B