TLDEF’s Response to SCOTUS Decision in Dobbs v. Jackson Women’s Health Organization

New York, NY – In a 6-to3 ruling, the U.S. Supreme Court today issued a sweeping reversal in Dobbs v. Jackson Women’s Health Organization that eliminates the constitutional right to abortion and overturns Roe v. Wade and Planned Parenthood v. Casey. The Transgender Legal Defense and Education Fund (TLDEF) released the following statements from its legal team in response to the Court’s decision in the case:

David Brown, Legal Director:

“For nearly fifty years, Roe v. Wade stood for the principle that people have the right to choose for themselves to make most important decisions in life, such as whether to start a family, when to seek life-saving healthcare, or how to move ahead with life after surviving rape. It is a central principle of democracy that the government simply cannot make those important life choices for you. Today we have lost that principle. The Court’s disregard for precedent on which millions of people rely is both devastating and alarming. TLDEF will not stop in its legal advocacy to use all the tools at our disposal to ensure that transgender and non-binary people have a brighter and more equitable future.”

Ezra Cukor, Senior Staff Attorney of the Trans Health Project:

“Today, the Court has emboldened states to commit harm by forbidding basic health care and forcing people to remain pregnant against their will. State restrictions on abortion and gender affirming care severely endanger our health and violate our basic human rights. Though the Court has overturned Roe, abortion remains legal in at least 24 states as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. In the wake of the Court’s disturbing decision, we remain undeterred in our continued effort to strengthen legal access to all forms of healthcare – including abortion – for women as well as transgender and non-binary people nationwide.”

Shayna Medley, Litigation Staff Attorney:

“The foundational principles underlying Roe represent the constitutional freedom for people to make informed decisions about their bodies, lives, and families. These legal protections are essential and necessary to transgender and non-binary people who rely on abortion, as well as other forms of lifesaving healthcare. The Court's opinion comes during an unprecedented wave of state-level attempts to criminalize gender affirming care for transgender and non-binary young people. Despite the decision of a majority of justices to disregard fifty years of established precedent and undermine fundamental rights, TLDEF will continue to defend transgender and non-binary people’s access to necessary healthcare.”

TLDEF will continue its work in states across the country and in Washington, D.C. to ensure transgender and non-binary people have access to all forms of healthcare, including abortion. In 2021, TLDEF was proud to join an amicus brief in support of the Jackson Women’s Health Organization. Earlier this month TLDEF also joined an open letter in support of reproductive healthcare.

TLDEF is currently litigating the previous Administration's attempts to roll back sex-based discrimination protections in healthcare, including for abortion care, in its Boston Alliance v. HHS lawsuit, and has submitted amicus briefs in support of transgender young people’s access to gender affirming care in state and federal court in Arkansas and Texas.

TLDEF will also continue in its efforts to secure passage of the Equality Act and the Women's Health Protection Act that would codify and strengthen existing federal protections for transgender and non-binary people accessing all forms of healthcare.

Transgender Legal Defense and Education Fund (TLDEF) is a national legal advocacy organization that uses public education, test-case litigation, direct legal services, and public policy efforts to achieve lived and legal equality for transgender people and to end all discrimination based on gender identity and expression. To learn more, visit:


Updated on Jun 24, 2022