On Wednesday, the U.S. Supreme Court (SCOTUS) heard oral arguments in United States v. Skrmetti, a case challenging the constitutionality of a Tennessee law that bans experimental medical treatments like puberty blockers and cross-sex hormones for minors. Approximately half of the states have similar laws.

Depending on the breadth of the SCOTUS ruling, the case could have major ramifications for laws prohibiting biological males from participating in women’s sports and protecting the privacy rights of females in locker rooms and other private facilities.

The Tennessee Law

Tennessee’s SB 1 specifically prohibits doctors from performing surgery or prescribing treatments to enable a minor to identify with a different sex. Treatments like puberty blockers and hormone therapy remain available for children who have a medical purpose for using the drugs, like those who experience precocious (early) puberty.

United States v. Skrmetti

The Biden Administration and the ACLU argue that the law violates the Equal Protection Clause of the U.S. Constitution because it discriminates on the basis of sex.

Tennessee Attorney General Jonathan Skrmetti responds that the law restricts conduct based only on age and the medical purpose of the treatments, not on the basis of sex. The law stops both boys and girls getting these treatments.

Courts review cases based on differing levels of scrutiny. If the law discriminates on the basis of sex, then the state has to meet an intermediate scrutiny standard meaning that TN must show that the sex discrimination in the law is substantially related to an important government purpose. If the law discriminates on the basis of age, then the state has to show a rational basis based on the purpose of the law.

Clearly, the TN law prohibiting so-called gender affirming care applies to both boys and girls. That’s not sex-based discrimination. TN has a rational basis to enact policy that restricts access to treatments that are unproven, unscientific, and harmful to children.

SCOTUS Hearing

Several justices appeared skeptical of the challenge against the Tennessee law that banned experimental medical treatments like puberty blockers and cross-sex hormones for minors. These irreversible procedures are often pushed on children under the guise of “care,” despite posing significant risks.

Chief Justice John Roberts highlighted a key issue: decisions about the regulation of medical practices should rest with the people’s elected representatives, not the courts, saying, “My understanding is that the Constitution leaves that question to the people’s representatives rather than to nine people, none of whom is a doctor.” [transcript, p 92, lines 11-14)

Upholding Tennessee’s law would protect children from harmful ideology-driven interventions and affirm states’ rights to act in their best interest.

Justices Alito, Roberts, and Kavanagh emphasized the European countries that are backing away from allowing this type of care. Specifically, Justice Alito referenced the Cass study that so-called gender-affirming care is unproven and carries health risks to children.

Arizona Law

Arizona prohibits so-called gender reassignment surgery for minors but does not restrict puberty blockers or hormone therapy. The CAP-supported law to restrict those non-surgical “treatments” fell one vote short in the state senate a few years ago. A CAP-supported law to ensure children devastated by harmful medical transition who want to detransition would be entitled to insurance coverage and medical care passed the legislature but was vetoed by Gov. Hobbs earlier this year.

CAP’s Policy team is working on steps to more fully protect children in Arizona this next legislative session.

What’s a Parent to Do?

We can argue the policy and legal issues all day long. Many parents, however, struggle with how to help and love their children who are wrestling with their sexuality. Today’s cultural influences target our children in many different ways.

For help on how to counsel or minister God’s truth about human sexuality, I recommend these two counseling ministries:  Melissa and Garry Ingraham with Love and Truth (www.loveandtruthnetwork.com) and Joe Dallas (www.joedallas.com). Both provide biblically based counseling and resources.

ICYMI:

For a more in-depth look at the Skrmetti case, read The Daily Signal analysis.

Read our response to the abortion industry filing a lawsuit against Arizona’s 15-week abortion law in the wake of Prop 139’s passage.

Learn what’s in Prop 139 now that it’s law—and how it puts women and unborn children at risk.

Find out why Montana lawmakers refused to ban transgender legislators from using Capitol bathrooms.

Read how an appeals court upheld Idaho’s law to protect minors from abortion trafficking.