Supreme Court to hear case concerning ban on transgender surgery for minors

By 
 November 30, 2024

The Washington Examiner reported this past week that America's highest judicial body is scheduled to hear a number of high-profile lawsuits.

Those cases have raised hopes among Republicans that the Supreme Court's conservative justices will rule in their favor. 

Tennessee attorney general hopes case "will bring much-needed clarity"

One of the cases is United States v. Skrmetti, which concerns a piece of legislation signed into law this past March by Tennessee Republican Gov. Bill Lee.

It bans transgender surgery and hormone prescriptions for minors, with the Examiner noting that some 20 states have passed similar laws.

Tennessee Republican Attorney General Jonathan Skrmetti said the case "will bring much-needed clarity to whether the Constitution contains special protections for gender identity."

"We fought hard to defend Tennessee's law protecting kids from irreversible gender treatments and secured a thoughtful and well-reasoned opinion from the Sixth Circuit," he continued

I look forward to finishing the fight in the United States Supreme Court," Skrmetti added in a statement to the Examiner.

Biden administration claims transgender surgery is "medically necessary"

Skrmetti reiterated his position in a brief submitted to the Supreme Court last month, saying, "It is not unconstitutional discrimination to say that drugs can be prescribed for one reason but not another."

"Weighing risks and benefits, States (and the federal government) draw age- and use-based distinctions for drugs all the time," the brief went on to insist.

The Examiner noted that for its part, the Department of Justice (DOJ) maintains that transgender surgery for minors is "medically necessary."

Henry Leventis serves as U.S. attorney for the Middle District of Tennessee, and he made that argument in an April press release.

DOJ says law hurts "children who already face far too many obstacles"

"Left unchallenged, it would prohibit transgender children from receiving healthcare that their medical providers and their parents have determined to be medically necessary," Leventis declared.

"In doing so, the law seeks to substitute the judgment of trained medical professionals and parents with that of elected officials and codifies discrimination against children who already face far too many obstacles," the U.S. attorney added.

Meanwhile, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said, "No person should be denied access to necessary medical care just because of their transgender status."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson