During Wednesday's oral argument in United States v. Scumetti, Justice Sonia Sotomayor compared the side effects of transgender medical procedures on minors to those of taking over-the-counter painkillers.
“Every medical procedure carries risks, even taking aspirin,” Sotomayor said. “No matter what medical treatment you receive, there will always be a proportion of the population that is harmed. So the question in my mind is, 'If one person's life is affected by the treatment of millions of others? It's not up to policy makers to decide what's more valuable than someone's life.'” Will this treatment make you feel better? ”
Supreme Court considers state ban on transgender 'treatment' of minors
Supporters of the Tennessee law rally outside the U.S. Supreme Court as the justices hear arguments in a case related to transgender transition procedures for minors in Washington, D.C., December 4, 2024. (Kevin Dietsch/Getty Images)
Sotomayor's comments came after Tennessee Attorney General Matthew Rice defended the state's ban on transgender medical procedures for minors, as a lawsuit over transgender procedures reaches the high court. This is the first time it has been raised. Rice argued that countries such as Sweden, Finland and the United Kingdom limit such interventions because of reported irreversible consequences.
Justice Clarence Thomas asked Rice about a different approach, as he did in West Virginia, but Rice called it a speculative policy decision that cannot completely eliminate the risks associated with gender transition. Rejected.
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Members of the U.S. Supreme Court, front from left: Justices Sonia Sotomayor and Justice Clarence Thomas, Chief Justice John Roberts, Justices Samuel Alito and Elena Kagan, back from left: Justice Amy Coney Barrett and Neil Gorsuch. The justices, Justice Brett Kavanaugh and Justice Ketanji Brown Jackson, pose. Their official portrait at the Supreme Court Building in Washington, DC, October 7, 2022 (Alex Wong/Getty Images)
“We cannot eliminate the risk of detransitioners,” Rice said. “So it becomes a pure weighing of benefits and risks. And how many minors have to undergo irreparable harm to their bodies for unproven benefits? The matter is best left to the legislature.”
The high-profile case, United States v. Scrumetti, Focusing on Tennessee law The state prohibits gender reassignment treatment for young people. The law also targets Tennessee health care providers who continue to provide gender reassignment treatment to transgender minors, potentially exposing them to fines, lawsuits, and other liability.
Three judges appointed by former President Trump could play a key role in the outcome. Justices Brett Kavanaugh and Amy Coney Barrett pressed both sides with tough questions, while Justice Neil Gorsuch remained silent throughout the lengthy hearing. A verdict is expected to be rendered by July 2025.
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Transgender flag and Supreme Court building (Alexander Pohl/NurPhoto via Getty Images | AP Photo/Mariam Zuhaib)
The petitioners in the case are the American Civil Liberties Union (ACLU), which sued to overturn the Tennessee law on behalf of the parents of three transgender youth, and a Memphis-based doctor who treats transgender patients. . The petitioners also joined the Biden administration earlier this year under a federal law that allows the administration to intervene in certain cases that the attorney general deems to be of “general public importance.”
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Tennessee State Pass The Act, Senate Bill 1But it is just one of at least 25 US states that ban gender transition for transgender minors, and more than 15 have passed “protection” laws protecting such procedures. It has been enacted.
Fox News Digital's Breanne Deppisch contributed to this report.
