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LGBTQ+ People and the Supreme Court Mifepristone Case

| By Dee Tum-Monge

Every day, many of us and the people we care about are making decisions about our sexual health and bodies, including how and when to start a family. A small group of ultra-conservatives are finding ways to push their agenda to control medical access. Recently, one of their focal points has been limiting access to essential medication like Mifepristone, a drug used in abortion and miscarriage care. Today, the U.S. Supreme Court will hear oral arguments in a critical case that could restrict Mifepristone as a pillar of choice and continue to roll back reproductive health access for all.

Food and Drug Administration v. Alliance for Hippocratic Medicine is not just about medication abortion; it’s about recognizing the fundamental rights of all individuals to have access to comprehensive reproductive healthcare and to be understood for all our complex reproductive health needs. This case is about humanizing individuals navigating difficult decisions about their health and life plans.

While this case has the potential to reshape abortion access in the United States, we know there is more happening behind the curtain. A few anti-abortion and anti-LGBTQ+ groups are strategically molding more cases like this. We are working with our partners and local organizers to ensure our community has support to thrive. We all deserve to have access to safe and effective healthcare options, regardless of sexual orientation or gender identity.


  • The case, Food and Drug Administration v. Alliance for Hippocratic Medicine, revolves around whether the FDA should revert Mifepristone’s prescribing instructions to pre-2016 guidelines.
  • The court’s decision could impact Mifepristone access nationwide, potentially restricting availability and changing how patients can obtain it.
  • Medication abortion, which uses Mifepristone and Misoprostol, has become increasingly popular and is the most common form of abortion, accounting for 63% of abortions in the United States in 2023. 
  • After the overturning of Roe v. Wade in 2022, this trend reflects a more significant shift away from procedural abortions towards medication abortions, approved for up to 10 weeks of gestation.

About Food and Drug Administration v. Alliance for Hippocratic Medicine

  • Anti-abortion groups filed the suit, led by the Alliance for Hippocratic Medicine (AHM) and various discredited doctors. They are legally represented by the Alliance Defending Freedom (ADF). The Alliance Defending Freedom is an ultra-conservative group forcing a power control agenda within public schools and in government masked as “Christian” values. This group was designated as an anti-LGBTQ+ hate group by the Southern Poverty Law Center in 2017 and has been at the forefront of efforts to outlaw abortion nationwide and uproot LGBTQ rights by writing model anti-trans bills for state legislators.
  • In the lawsuit, these groups allege that the FDA violated the law in how it regulated Mifepristone.
  • They also argue that Mifepristone leads to complications and safety issues, claims proven wrong by major medical organizations like the American College of Obstetricians and Gynecologists and the American Medical Association.

Potential Implications

  • If the Supreme Court upholds the 5th Circuit ruling, it would effectively restrict Mifepristone access by lowering the maximum gestational age for its use and removing options for telehealth and mail-order prescriptions.
  • The case has broader implications for medication approvals beyond abortion drugs, potentially affecting access to other medications.

Looking Ahead

  • The Supreme Court’s decision will have significant implications for abortion access in the United States, even in states where it is still legal.
  • Organizations like If/When/How are working to provide legal support and immediate resources to ensure that individuals can access the care they need.
  • As we await the Supreme Court’s decision, it’s crucial to amplify the voices of LGBTQ+ individuals and their experiences navigating reproductive healthcare systems.
  • The National LGBTQ Task Force is advancing reproductive justice by organizing our community to advocate for inclusive medical access in the upcoming 2024 elections through our fieldwork and Queer the Vote campaign.
Dee Tum-Monge

Dee Tum-Monge

Senior Communications Manager


Washington, DC

Dee Tum-Monge is a nonbinary, Latine and seasoned communications professional with a passion for applying the creative impact of narrative-driven digital media. Over their career in managing communications, marketing and branding, Dee has established themself as a knowledgeable builder of processes and strategies for issue-based organization and firms. They have played a pivotal role in…