Tennessee attorney general claims victory in admission of ACLU lawyer in transgender case

By 
 December 6, 2024

The arguments presented Wednesday before the Supreme Court in a case involving transgender treatment left Tennessee Attorney General Jonathan Skrmetti with a "really good" impression.

A Tennessee statute that was passed last year is being challenged in the landmark case of United States v. Skrmetti, which concerns the potential violation of the 14th Amendment's Equal Protection Clause, as The Washington Examiner reported.

Bill 1 (SB1) of the Tennessee General Assembly outlaws any form of medical treatment that "a minor may identify with, or live as, a purported identity inconsistent with the minor's sex" or that "may alleviate discomfort or distress from a discordance between the minor's sex and asserted identity."

"We felt great about putting on a strong case for Tennessee's law. It is an evidence-based law. It is a bipartisan supermajority of the Tennessee legislature that adopted this," said Skrmetti Wednesday on "The Ingraham Angle."

The Arguments

There is no consensus regarding the use of hormone therapy, puberty blockers, or gender surgery on kids, according to Dr. Jared Ross, a senior fellow with the medical advocacy group Do No Harm.

"There's not a consensus domestically as we see groups like the American Society of Plastic Surgeons speaking out against these practices. And there's not a consensus internationally," Ross said on "The Ingraham Angle."

The doctor cited what has been decided by medical professionals in other countries, supporting his concern: "We've seen the U.K. walk back on this and ban it. Finland, Sweden [and] Belgium as well. So there's no consensus here."

"In some cases, it's the parents that are motivating this. In some cases, the parents are being misled by the medical establishment. They have children that have underlying mental health co-morbidities, anxiety, depression, autism. And they're being told that if they simply transition their child, that everything will be fine. And we know from the data that that's clearly not the case, that these kids continue to struggle and their struggles get worse," he continued.

Case Details

Three transgender minors, together with their families and a doctor from Memphis, have filed a lawsuit against the state of Tennessee, claiming that their restriction on hormone therapy, puberty blockers, and gender surgery constitutes sex-based discrimination and, as such, violates the 14th Amendment's Equal Protection Clause.

The ACLU of Tennessee's Lucas Cameron-Vaughn, who is on staff, stated in a news release that the Supreme Court can "affirm the essential freedom and equality of all people before the law — including trans youth and their families."

"Every day this law inflicts further pain, injustice, and discrimination on families in Tennessee and prevents them from receiving the medical care they need," he continued.

"We ask the Supreme Court to commit to upholding the promises of the U.S. Constitution for all people by putting an end to Tennessee’s state-sanctioned discrimination against trans youth and their families."

From Skrmetti

“The rhetoric often suggests, ‘If you don’t let kids do this, they are going to hurt themselves,’ and nobody wants that,” Skrmetti told the Washington Examiner hours after defending the law known as Tennessee’s Senate Bill 1, or SB1.

“To have a public acknowledgment of what the research says, that these procedures do not impact the suicide rate, is really significant. Regardless of the legal outcome here, that’s a huge win for protecting kids from making a horrifying mistake,” he said.

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