On Wednesday, the Supreme Court heard oral arguments in United States v. Skrmetti, a case challenging a Tennessee law that bans so-called “gender-affirming care” for children. Early indications suggest the Court is poised to uphold the Tennessee law, delivering a major blow to the gender ideology regime.
The Tennessee law, enacted in 2023, bans gender surgeries for minors and prohibits doctors from prescribing cross-sex hormones to minors who believe they are transgender. Tennessee is one of 26 states that have similar laws on the books. If the Court upholds Tennessee’s law, it would affirm that every state has the right to ban such practices.
The number of minors receiving this so-called “gender-affirming care” has seen a dramatic rise in recent years, with kids as young as eight being placed on hormone therapies that can leave them permanently sterile and kids as young as 13 undergoing permanent, life-altering surgeries with high complication rates.
As SCOTUSblog reported, the Skrmetti case was initially brought on behalf of several transgender-identifying youth, “along with their parents and a doctor who treats transgender patients.”
The Biden administration later joined the case under a law that empowers the government to intervene in cases that ostensibly violate the right to equal protection under the law “if the Attorney General certifies that the case is of general public importance.” Specifically, the government is arguing that Tennessee’s law banning gender surgeries on minors violates the 14th Amendment’s Equal Protection Clause.
The Tennessee law in question had been only partially upheld by a U.S. district judge, who ruled that the legislation violates the Constitution’s guarantee of equal treatment for Americans in similar circumstances.
According to the “transgender”-identifying plaintiffs in the case, the “legal uncertainty” surrounding gender-altering drugs and procedures “is creating chaos across the country for adolescents, families, and doctors.”
But the High Court’s conservative majority appears poised to disagree—signaling a ruling that would uphold the Tennessee law and protect children from the perils of so-called “gender-affirming care” at the end of the Court’s term in summer 2025.
The Republican-appointed justices indicated that they believe the High Court has no role in adjudicating the matter of “gender” treatment—leaving the availability of “transgender”-affirming drugs and procedures up to state legislatures.
“The Constitution leaves that question to the people’s representatives, rather than to nine people, none of whom is a doctor,” Chief Justice John Roberts stated. Justice Brett Kavanaugh agreed: “The Constitution doesn’t take sides on how to resolve the medical and policy debate,” he said. “The Constitution is neutral on the question.”
Kavanaugh also focused on laws permitting men to participate in female sports, noting that it would likely not be “logically and legally possible” to rule against the Tennessee law while upholding “laws that limit women’s and girls’ sports to exclude transgender athletes.”
In one particularly brilliant moment, Justice Alito led lawyers for the government to acknowledge that individuals can be assigned one gender at birth, identify as another gender later in life, and then return to identifying as their gender assigned at birth. By definition, then, Alito pointed out, transgender status is not an immutable characteristic. As civil rights law is based on immutable characteristics like race and sex, this basic reasoning undermines the entire legal premise behind the government’s case.
The Court’s Democrat-appointed justices were unsurprisingly more sympathetic to the government’s claims, suggesting that the Tennessee law relies upon sex to determine who is legally entitled to medical treatment. But J. Matthew Rice, the Solicitor General of Tennessee, shot back, assuring them that the Tennessee law relies on “medical purpose” rather than sex-based distinctions—contending that the state is merely exercising its power to regulate medicinal practices for all minors regardless of their sex.
Justice Amy Coney Barrett agreed: “The burdens of the law fall equally on boys and girls, because neither can transition” under the law.
The states, Rice explained, “in their traditional role as regulators, have had to intervene” to protect the well-being of children, challenging the liberal justices’ claim that the Tennessee law encroaches on the right of parents to make decisions about their children’s medical care.
As Americans await the Court’s opinion in United States v. Skrmetti this summer, it is worth noting that, prior to Donald Trump’s election in 2016, Justices Clarence Thomas and Samuel Alito were the only reliable constitutionalists sitting on the High Court. But that all changed with Trump’s three appointments—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—who handed constitutional conservatives a majority which has handed down a series of landmark decisions.
If Justices Roberts, Thomas, Alito, Kavanaugh, and Barrett rule to uphold the Tennessee law, which they appeared poised to do on Wednesday, the Court would deliver another landmark ruling protecting children from gender ideology – not to mention upholding basic biological reality and common sense.
Aaron Flanigan is the pen name of a writer in Washington, D.C.
This push to mutilate children should be seen for what it is. Evil, sadistic, ugly, vile and every other word describing what these perverted “adults” want to do to children! “Gender affirming”?? How can anyone even see this as anything more than perversion? Not to long ago Seattle Children’s Hospital and one of the “major” universities, I think it was Princeton, wanted to start this hitleresque barbarity on children as young as three! This is twisted, straight from the pits of hell and every single “adult” (see pervert) should be arrested and charged with child mutilation and sent to Federal prison.
No one in their right mind, no one who has an ounce of humanity would ever conceive of child mutilation. Here’s a idea for these psychopaths…subject them to the same mutilations. I would say “sorry” for the rant…but I’m not sorry, disgusted, angered yes, but not sorry. Note that this derangement started when Biden and his previous “president” were in office…a past “president” who himself finally “came out”. “Gender affirming”? Seriously? God in His word called perversion an abomination. No where in His word is this “okay”.
And our liberal Supreme Court Justice that doesn’t know what a woman is cuz she doesn’t have a degree in biology, thinks these laws are to block interracial marriage. I think she made it through law school because she was black not because she was smart
Gee, Democrats, if you’re wondering why you lost: besides a bad messenger, she had a bad message! My dog thinks he’s a human but he still eats his food from a bowl on the floor! And THANK YOU LPGA for standing with your WOMEN golfers today and not allowing faux “females” enter women’s tournaments.
It’s about time that common sense arrives on the scene. One cannot “change” one’s sex. Courts need to stay out of raising our children!
Not only must that happen but all the proponents and facilitators of it ought to be charged .This is child abuse ne plus ultra. Sadists wearing experts masks, same as covid experts.
What kind of monster can actually want laws that let children have their bodies mutilated because they “feel” like the opposite sex? This is no less disturbing than aborting babies up to birth!! How can teachers actually do this behind the parent’s backs? How do they sleep at night? Parents, do not let your kids go to public schools. If you think you must, then arm them with the knowledge that they may encounter teachers and staff at school that may want to harm them. And, keep actively involved with your school, its staff AND YOUR child. Discussions with your kids about school needs to happen EVERY day.
Children’s gender surgeries are evil. This is a war we are fighting.
By the logic of these trans advocates, children whose brains aren’t fully developed, who cannot legally drive or vote or buy alcohol, or smoke..somehow just KNOW inside themselves that they are supposed to be the opposite sex? We have laws banning bullying, and other laws to protect kids from all sorts of things, but where is the law that protects them from these activist mutilators?
The fact that this is even is even an issue shows what scumbags we have in government. Until a human being is an adult, this should have NEVER been allowed. I’m sorry, and you kids out there may not like it, but you are clueless until you hit about 25 years old. You have not lived life on your terms, you don’t have any idea what life is all about and what you want to be when you grow up. Be a kid. Get off the damn internet and go outside and play. Live in the sunshine and let your imagination inspire you instead of allowing perverts on the internet to invade and pollute your life with BS.
I grew up without a computer or in front of a TV. We played outside every day. We played games like tag, hide n’ seek, red rover, hopscotch, baseball, volleyball, tennis, kick the can, swimming (either in a pool, a stream, or a swimming hole), and so much more. The point is, there is so much more to do outside, with friends, than sitting inside on a computer or in front of the TV, being told nonsense.
I support Justice Alito’s position that our childrens’ sexual identities cannot be subject to arbitrary, alternating sex organ changeouts, similar to LEGOs… especially without being subject to parental discretion. Hopefully, this unconscionable “medical” practice will cease very shortly.
The Creator must be shaking His head as these crazy people tries to alter His Creation of male and female. I think lack of spiritual upbringing of children in the past, gave us current parents who are confused and their children to be confused now and in the future. To know God, love God and adhere to HIS commandments is the best guide to a happy, peaceful and successful life on earth, then finally in eternal life in heaven.. God’s blessing of wisdom to us is our best guide in our life.
Ah, yes…the dreaded “Awaiting for approval” notification!
Ignoring parents concerns and allowing irreparable damage all because a child says so? Then using schools to hide the issue, encourage, then enforce it’s mandate. But after these life altering changes are made, where are all the responsible players who allowed these children to make uninformed decisions based solely on feelings? Parents who had no say are left to deal with children who didn’t know better.
Can you believe a Supreme Court Justice compared these Gender mutilating drugs to taking an aspirin??? These are Supreme Court Justices!!!
This site seems to be succumbing to pressure from the left. My comment on this article, though poignant, was non-abusive… and was censored. Thought-police mentalities don’t work well when used to counter free speech on important issues like child gender changes. Bad move, AMAC.