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Gender transitions for kids ‘lack evidence of safety,’ 23 states say in Supreme Court brief

First appeared on FOX: About two dozen states, led by Missouri Attorney General Andrew Bailey, warned in an amicus brief filed with the Supreme Court on Monday that there is not enough medical evidence to prove the safety of surgical sex reassignment procedures.

Sex-reassignment surgery has sparked fierce debate, especially when it comes to minors, and many states have passed restrictions and prosecuted doctors who perform the procedures, while more liberal states have sought to maintain broad access to the treatment.

“Every state has the right to protect children from irreversible surgery,” Bailey said in a statement to Fox News Digital. “As the first state to successfully challenge in court a law protecting children from genital mutilation, Missouri is now expanding its litigation strategy to other states.”

“Every child is worth protecting,” he added.

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The amicus brief supports federal lawsuits in North Carolina and West Virginia that deal with “extremist transgender ideology.”

In April, the U.S. Fourth Circuit Court of Appeals sided with transgender plaintiffs in a lawsuit against North Carolina and West Virginia, requiring the states to provide transgender sex-reassignment surgery and treatment. In its decision, the court argued that excluding these surgeries violates the Equal Protection Clause of the 14th Amendment to the Constitution and constitutes discrimination on the basis of sex and gender identity.

“The science surrounding gender reassignment interventions is new and unsettled,” the amicus brief states. “Until just five years ago, the World Health Organization classified transgender identity as a mental illness. Significant recent changes make the Fourth Circuit's core presumption — that these interventions have been proven safe and effective — as perplexing as it is clearly erroneous.”

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Republican state Rep. Katrina J. Smith warned about a new bill that would protect out-of-state young people from receiving transgender treatment without parental consent. (Screenshot/Fox News)

Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia and Wyoming have all signed the brief.

Citing an April 2023 article in The Economist, the amicus brief said there is broad consensus that these treatments “lack evidence.” The brief noted that European countries, including the UK, France, Finland, Norway and Sweden, have expressed concerns that the risks “outweigh the benefits.” Finland, for example, has characterized these interventions for minors as “experimental” and suggested that treatment should generally remain at the level of “talking therapy” or counseling.

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Missouri Attorney General Andrew Bailey

Missouri Attorney General Andrew Bailey. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

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More than 10 US states have enacted laws banning surgery or prescribing hormones to transgender young people.

Idaho, North Dakota, Florida, Oklahoma and Alabama have passed laws making it a felony to perform sex-reassignment surgery on a child, while Democratic-leaning states have in recent years enacted “sanctuary” laws that protect medical professionals from punishment for performing sex-reassignment surgery on minors.

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