Politics
Supreme Court Justices Question Child Sex Change Ban
Clear Facts
- Conservative Supreme Court justices showed skepticism towards the Biden administration’s challenge to Tennessee’s ban on child sex changes, with Justice Neil Gorsuch remaining silent during the proceedings.
- Justice Samuel Alito questioned the validity of evidence supporting puberty blockers and hormone therapy for minors, referencing the Cass Report’s findings of weak evidence.
- Justice Ketanji Brown Jackson compared the ban on child sex changes to historical bans on interracial marriage, expressing concern over undermining equal protection cases.
In a significant Supreme Court case, conservative justices appeared doubtful about the Biden administration’s challenge to Tennessee’s law prohibiting sex change procedures for minors. The law, central to the United States v. Skrmetti case, restricts medical interventions aimed at helping minors live as a gender different from their biological sex. Justice Neil Gorsuch, known for his 2020 ruling that expanded sex discrimination protections, notably refrained from commenting during the lengthy oral arguments.
Solicitor General Elizabeth Prelogar argued that the law discriminates based on sex, violating the Fourteenth Amendment’s Equal Protection Clause. She stated,
“Someone assigned female at birth can’t receive medication to live as a male, but someone assigned male can.”
Justice Samuel Alito challenged the government’s assertions about the benefits of puberty blockers and hormone therapy for adolescents with gender dysphoria. He referenced the Cass Report, which found weak evidence supporting these treatments, and questioned why these developments were not highlighted in the government’s briefs.
“In your opening brief, you did not mention any of these European developments,” Alito remarked.
“In your reply brief, is it not true that you relegated the Cass report to a footnote?”
Alito also engaged with Chase Strangio, representing the American Civil Liberties Union, about the permanence of transgender identity. Alito noted that some individuals revert to their original gender identity, questioning the immutability of transgender status.
Chief Justice John Roberts and Justice Brett Kavanaugh expressed caution about the court intervening in such a contentious medical debate. Kavanaugh noted,
“It strikes me as a pretty heavy yellow light, if not red light, for this court to come in, the nine of us, and just constitutionalize the whole area when the rest of the world, or at least countries that have been at the forefront of this, are pumping the breaks on this kind of treatment because of concerns about the risks.”
On the other hand, the court’s liberal justices supported the government’s stance. Justice Ketanji Brown Jackson likened the bans on child sex changes to historical bans on interracial marriage, raising concerns about undermining foundational equal protection cases.
“I’m worried that we’re undermining the foundations of some of our bedrock equal protection cases,” Jackson expressed.
Tennessee Solicitor General Matthew Rice defended the law, arguing it distinguishes based on medical purpose rather than sex. He explained that testosterone is used to develop a normal body in boys, whereas in girls, it creates a “physical condition.”
The case comes amid a wave of similar laws across nearly half of the U.S. states, reflecting a broader national debate. In related developments, documents from a case challenging Alabama’s ban revealed political influences on the World Professional Association of Transgender Health’s medical standards, which the Biden administration cites.
Let us know what you think, please share your thoughts in the comments below.
Thomas Hurd
December 5, 2024 at 6:11 pm
If a children under 18 cannot buy liquor or cigarettes since they cannot understand the damage these items can cause it is beyond comprehension why they should be allowed to have their breasts of testicles removed.
Beverly Soltwedel
December 5, 2024 at 7:21 pm
The stupidity of a couple of Supreme court justices just astounds me. If you are born a female you are a female-always if you are born a male you are a male always-no matter how many surgeries that try to make one something else. This stupidity must stop. We have dumocratic SC justices that no matter what amount of common sense is needed will follow the dumocrats, although they are supposed to have common sense. That is a joke!! ANYONE WITH HALF A BRAIN KNOWS THE GENDER YOU ARE BORN WITH IS WHAT YOU ARE.
Dale
December 6, 2024 at 6:45 am
Minors can not legally sign a contract under the law. As an adult they have total control. Why should the government or insurance pay for this. No doubt a sec change operation would benefit only a small number of Trans genders as a group.
Djea3
December 6, 2024 at 7:48 am
It seems that all of this should be very simple. Under 13 years of age in most states any sexual activity including grooming toward having sex is a FELONY, usually with something like 15 year minimum prison. For age differences more than one or two years any grooming toward sexual activity is a felony as well. Then there is the issue that in EVERY state it is illegal for a child to have a tattoo or be tattooed by anyone.
The law is CLEAR that there is no justification for addressing sexual activity or active support toward such activity, in law in any state. SCOTUS needs to look at this issue relative to sexual change aid by adults and determine that supporting any sex change plan with a minor is sexual and mental abuse.
We also have ALL OF THE EU which has banned any such activity or support as it has been proven to be fraudulent and damaging. That in itself should be enough.
SCOTUS needs to come back with an real answer based on research another countries and hearing from those permanently disfigured and wishing they had never listened to these “professionals” and those support groups that wanted to harm the minors.
Kadee
December 6, 2024 at 9:35 am
Ditto. Stop messing with our kids. What you don’t kill with abortions, you’re trying to screw up another way.
Tony L Bell
December 7, 2024 at 10:35 am
That is a proven fact, “transgender people are mentally ill” even the psychological community has published that fact in peer review papers world wide.
The idea that a child is competent to make those life changing and often regrettable decisions is absurd. They need mental treatment not disfiguring surgery.
James Johnson
December 16, 2024 at 11:54 pm
Clearly, Republicans see law as a way of preventing harm, while Democrats see law as a way of enforcing their agenda.