“Heightened Scrutiny” documents on film the first openly trans person to argue before Supreme Court

By now, we should all know the unfortunate Supreme Court decision in United States v. Skrmetti, the case to overturn Tennessee’s ban on gender-affirming care for transgender youth. Even though the outcome was less than desirable, the journey and effort to defend the case is all the more important now and is the subject of the film Heightened Scrutiny.

Now, in light of the recent Supreme Court ruling that permits states to prohibit gender-affirming care for minors, Heightened Scrutiny serves as a powerful and timely call to stand up against discrimination and inequality.

The documentary centers on Chase Strangio, an ACLU lawyer and the first openly transgender individual to present a case before the Supreme Court, as he leads a critical legal effort to challenge Tennessee’s prohibition of gender-affirming treatment for trans youth.

In Heightened Scrutiny, Strangio takes on the pivotal Supreme Court case to defend transgender teens’ access to essential medical care, while also confronting a media environment that misrepresents the truth and endangers the broader fight for trans equality. The film follows him through his preparations for the case, practicing his arguments, and spending time along the way with those he supports and who, in return, also support him.

As the film unfolds, the viewer is made aware that “We’re not just talking about the right wing anymore,” as asserted by Ari Drennen, Media Matters LGBTQ Program Director. We find the media is also complicit in the misinterpretation of the simple existence of trans people. We are just as incredulous as Strangio, when he says, “There is a direct link to how our care is discussed in the media, how the laws are passed, how they’re defended in court, and how they’re upheld in court. The coverage is creating the law, plain and simple.”

“The news media really set the political agenda in many ways,” said Julie Hollar, Senior Analyst, FAIR (Fairness and Accuracy in Reporting). “The New York Times actually published more front page articles that framed trans people or the trans movement as a threat to others than they did articles about trans people being threatened by this political movement.”

Among the issues repeatedly stressed by those who support prohibiting gender affirming care for minors is regret that sometimes results in detransitioning. But those defending the case cite statistics that indicate this is minor: “less than 1%.” According to Drennen, “The statistics show that most people who decide to detransition actually do so because of external pressure. But the fact is that people regret things all the time. People are significantly more likely to regret knee construction surgery, prostate cancer surgery, getting a tattoo.”

With the Supreme Court hearing having been scheduled for December 4, 2024, between the 2024 election and the 2025 inauguration, Trump’s win occurs during the filming of the documentary. Unsurprisingly, Strangio is more than disappointed by the outcome.

The overall cause as well as trans people in general are humanized in the film by the appearance of a young trans girl, 12-year-old Mila, who opens and closes the film, and who appears with her her family throughout the film. Her presence and Strangio’s interactions with her provide the viewer with insight into the lifestyle and challenges of being a trans person. We see her at a meal with her family in the middle of the film when we discover that she is trans. She reappears in the rally at the end where she says, “They might want to take away our rights, but they will never take away our existence and our pride.”

Also with appearances by activists such as Laverne Cox and Elliot Page, and journalists such as Tre’vell Anderson and Jelani Cobb, the film explores how mainstream media has played a harmful role in driving anti-trans legislation and examines the path that led to today’s political climate.

“Releasing the film on the heels of the devastating Supreme Court decision, we turn our focus to the work ahead with renewed conviction— bringing the film to audiences,” said director Sam Feder and producer Amy Scholder. “In a mainstream media climate that is increasingly hostile to the trans community, the film explores why and how we have arrived at this moment. While the right for all to access healthcare is a fundamental democratic value, why has it become a debate when it comes to trans lives? We made this film capturing a historic moment of the enduring fight for trans rights; in releasing the film, we hope to inspire coalitions with all struggles for civil rights and bodily autonomy, because an attack on some of us is an attack on all of us. While our film ends at the steps of the Supreme Court, the story is far from over.” 

Heightened Scrutiny opened exclusively in theaters on July 18 in New York and Los Angeles ahead of additional cities. The film originally premiered at Sundance to rave reviews, and this theatrical release is via Fourth Act Film.

Heightened Scrutiny was directed and produced by Sam Feder and produced by Amy Scholder and Paola Mendoza. Executive producers are Laverne Cox, S. Mona Sinha, Bill and Ruth Ann Harnisch, Lisa Freeman, and Sara Hinkle. Co-executive producers are Charlotte Cook and Andrew Kim.

The film premiered prior to the Supreme Court ruling on Skrmetti, but Strangio promised to support the cause no matter the outcome: “We have always resisted. We have always taken care of each other. No matter what happens, that is what we’ll do.”