The U.S. Supreme Court has upheld a Tennessee law that prohibits "gender-affirming" medical treatments for minors, siding with an amicus brief from the America First Policy Institute (AFPI). In the case of United States v. Skrmetti, the Court ruled 6 to 3 that Tennessee Senate Bill 1 does not violate the Equal Protection Clause of the 14th Amendment.
Jessica Hart Steinmann, Executive General Counsel of AFPI, commented on the decision: "This is a welcome victory from the Court, which recognized in its majority opinion that neither fad nor feelings trump a state legislature’s right to protect its citizens. Today was a big win for protecting vulnerable children from irreversible medical treatments."
The ruling supports Tennessee's ban on puberty blockers, cross-sex hormones, and sex-transition surgeries for minors when intended solely to address their "gender identity." The Court applied rational basis scrutiny in its review, stating that these treatments are prohibited equally for all youth.
Chief Justice Roberts wrote for the Court: "This case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field. The voices in these debates raise sincere concerns; the implications for all are profound." He added that "[t]he Equal Protection Clause does not resolve these disagreements," leaving them to "the people, their elected representatives, and the democratic process."
AFPI praised the decision as a reaffirmation of states' rights to legislate based on science and public welfare. Steinmann emphasized continued vigilance: "Today is a victory for states' rights, but more clarity is needed from the Court. We will continue to fight for firm recognition of biological reality in all areas of the law and common-sense protections—including our forthcoming lawsuit protecting against boys competing in girls' sports."
Justice Sotomayor's dissent highlights ongoing debates over legislative judgment versus ideological interpretation within constitutional language.
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