The case under scrutiny pertains to the constitutionality of a Tennessee law that prohibits the use of puberty blockers and hormone therapy for minors identifying as transgender.
Currently, 24 states have enacted laws similar to Tennessee's, which regulate 'gender-affirming' care for children. There is no significant movement at present to prevent adults from undergoing gender reassignment surgeries.
December 05, 2024
Last year, a federal judge in Arkansas ruled in favor of the Biden administration and its allies, striking down the Tennessee law. The judge argued that the law 'discriminates based on sex and targets transgender people,' and that the 'benefits' of the healthcare prohibited by the law are 'well-established.'
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However, the U.S. Court of Appeals for the 6th Circuit swiftly overturned the lower court's decision, allowing the law to be enforced. This led to the Supreme Court agreeing to hear the case, with a final decision expected in June 2025.
During the hearing, Justice Sotomayor drew a parallel between the potential irreversible harm, including mental and physical damage and loss of fertility, from chemical castration on minors and the risks associated with "taking aspirin."
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"There is always going to be a percentage of the population under any medical treatment that’s going to suffer a harm," Sotomayor stated, implying that children should have the right to alter their biological and chemical makeup with synthetic hormones.
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According to Gateway Pundit, Justice Sotomayor's stance was echoed by Biden-appointed Justice Kentanji Brown Jackson, who further suggested that banning the use of hormones without a legitimate medical purpose is discriminatory on the basis of sex. Justice Jackson also drew a comparison between the bans on child sex changes and bans on interracial marriage.
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In a heated exchange, Sotomayor interrupted Tennessee Solicitor General Matt Rice, asserting that aspirin carries the same risks as life-altering sex change treatments for minors.
Rice responded, "We do not agree that the medical condition is the same. We do not think that giving puberty blockers to a six-year-old that has started precocious puberty is the same medical treatment as giving it to a minor who wants to transition. Those are not the same medical treatment."
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Sotomayor countered Rice's argument, claiming he was "still depending on sex to identify who can get it and who can't." She then posed a hypothetical situation, asking, "If a sex-neutral-looking child walks into a doctor and says, ‘I don't want to grow breasts,’ doesn't the doctor have to know whether it's a girl or a boy before they prescribe the drug?"
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Justice Jackson also weighed in on the discussion, questioning Rice's argument that "there has to be a medical purpose for these drugs."
The debate continues to unfold, with the Supreme Court's final decision on the case expected in June 2025. The ruling will undoubtedly have significant implications for the ongoing discourse around transgender rights and healthcare in the United States.
