Supreme Court Upholds Tennessee Minors’ Medical Intervention Law
On Wednesday, the Supreme Court decided to uphold Tennessee’s law that bans gender-related medical interventions for minors.
This decision, known as United States vs Skulmetti, was passed with a 6-3 vote. Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson dissented. This ruling represents a significant moment in the ongoing debate surrounding transgender issues. Much like the earlier Dobbs v. Jackson abortion ruling, the Court clarified that the Constitution does not restrict states from imposing these kinds of regulations on minors seeking sex-change procedures or hormone blockers.
“The Biden DOJ is, frankly, attacking bipartisan laws that aim to protect children from irreversible harm,” Skrmetti stated.
The conversation around this law began in September 2022 when Matt Walsh from the Daily Wire highlighted practices at Vanderbilt University involving gender-revised surgeries for minors. After his advocacy, Tennessee Attorney General Jonathan Skulmetti got involved. This led the Tennessee Legislature to pass a law in February that prohibits the drugs and surgeries linked to transitioning minors. The bill received bipartisan support, passing with a vote of 77-16, though 13 Democrats opposed it. Tennessee Governor Bill Lee (R) signed it into law on March 2, 2023.
However, the law drew significant opposition. In April 2023, the ACLU filed a lawsuit against Tennessee, claiming the law discriminates against children based on gender. Shortly after, the Biden Department of Justice filed a legal challenge, asserting that the law violates the Equal Protection Clause of the 14th Amendment. DOJ attorney Kristen Clark criticized the law, suggesting that it deprives children of necessary medical care.
Initially, District Judge Eli Richardson issued a temporary block against the law, but this was overturned by the Sixth Circuit Court of Appeals in September, leading to the law’s implementation. Rather than accepting this, the ACLU and the Biden DOJ appealed to the U.S. Supreme Court. By June, the Supreme Court agreed to review the case, with oral arguments presented on December 4, 2024. Typically, the Court takes about six months to reach a decision on complex cases, making the June 18 ruling not out of the ordinary.
“There are no remaining excuses in Congress. If they have any moral compass, they will terminate this harmful industry for good,” one statement said.
This decision has been hailed as a victory among conservatives. Walsh remarked, “Three years ago, I exposed the troubling practices at Vanderbilt’s children’s clinic. This led to a ban on child amputations in Tennessee. Today, the Supreme Court has upheld protections for these children.”
The core legal argument revolved around whether the law discriminated against minors based on gender. If found to be discriminatory, it would have faced rigorous legal scrutiny under the 14th Amendment. Chief Roberts, in the majority opinion, emphasized that the law does not discriminate; instead, it bars healthcare providers from administering hormone treatments or blockers to minors for defined medical reasons, independent of the child’s gender.
Ultimately, the law was found to be compliant with the Equal Protection Clause of the 14th Amendment and passed a reasonable basic review.
Some legal scholars, like Dr. Brad Watson from Hillsdale College, supported the majority’s decision. This ruling, akin to the Dobbs v. Jackson case that overruled Roe v. Wade, now allows states to legislate on this issue. For conservatives, the pressing question is whether actionable laws can be enacted at either state or national levels in response to this ruling.
Walsh is among those urging the GOP to take concrete steps to solidify this victory. He called for Congress to impose a national ban on such surgeries. “There’s no valid excuse left in Congress. If they possess any moral integrity, they will resolve these state-by-state conflicts with federal bans and put an end to this harmful practice,” he emphasized.
