The United States Supreme Court has recently conducted oral arguments in the case of United States v. Skrmetti, a constitutional debate concerning the authority of state legislators to safeguard children from medical practices deemed risky and unproven. The Tennessee Attorney General’s Office put forth a comprehensive legal and evidence-based argument defending the state’s legislative measures in response to the rising number of childhood gender-transition treatments.
The legislation in question limits irreversible medical procedures for minors diagnosed with gender dysphoria, a condition characterized by distress over the mismatch between an individual’s biological sex and gender identity. Tennessee Attorney General Jonathan Skrmetti emphasized, “We are here defending Tennessee’s law protecting children from irreversible and unproven gender transition procedures.” He noted that the Tennessee General Assembly reviewed both medical evidence and the decisions of European countries that have restricted such procedures before passing this bipartisan law.
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Opponents of the law argue that its ban on the use of puberty blockers and cross-sex hormones for “gender transition” purposes amounts to discrimination based on sex and transgender status, thus violating the U.S. Constitution’s Equal Protection Clause. However, Tennessee contends that the law is a reasonable exercise of the state’s authority to regulate medical practices within its jurisdiction.
Attorney General Skrmetti highlighted the state’s right to protect children and regulate medical professions, stating, “Our arguments were ultimately about constitutional clarity and common sense. Our Founders guaranteed States the right and responsibility to protect children, regulate the medical profession, and independently evaluate the evidence of the risks and benefits of practices to be regulated.”
For those interested in reviewing Tennessee’s submission to the Supreme Court, further details can be accessed here.
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