Tennessee Attorney General Jonathan Scumetti told the Daily Caller News Foundation that the Supreme Court's upcoming decision on the state's child sex reassignment ban could impact a variety of issues related to gender identity. spoke.
The justices heard oral arguments Wednesday on a Tennessee law that bans medical procedures intended to allow children to live with an identity “inconsistent” with their gender, but the Biden administration said it violates the 14th Amendment. It alleges that it violates the Equal Protection Clause.
“There has never been a constitutional analysis of gender identity issues from the courts,” Scumetti told DCNF on Thursday. “In Bostock, they were looking at the statutory language.”
2020 Superior Court Bostock v. Clayton County decisionthe majority considered discrimination based on sexual orientation and gender identity to be tantamount to sex discrimination in the context of employment. (Related: SCOTUS conservatives appear ready to support ban on child gender reassignment, but justice is the only wild card)
“Therefore, potentially, it could include opinions that have a significant impact, not just protecting children from gender-related proceedings that can have life-altering consequences,” Scumetti said. “It could impact litigation regarding women’s sports teams, bathroom privacy, and other areas of law.”
Tennessee Congressmen William Lamberth and Jack Johnson, who are sponsoring the bill at the center of today's Supreme Court case, will speak outside the courtroom after oral arguments. @DailyCaller pic.twitter.com/axy3SLopRC
— Katelyn Richardson (@katesrichardson) December 4, 2024
Scumetti believes his team has done a great job in defending the case in court, but admits he “never wants to predict” what will happen. Win or lose, the court may choose to issue a narrow or broader precedent-setting decision.
“A lot of great questions were asked in court,” he said. “It was a long discussion, because I think they recognized up front that this could be a significant case, and they will spend months now thinking about it and resolving it. Given that, we have a long way to go before we get a decision.”
Several conservative judges noted that European countries have placed restrictions on gender transition procedures for children. Justice Samuel Alito ruled otherwise, despite the government claiming there was overwhelming evidence supporting the use of puberty blockers and hormone therapy, including the Cass report commissioned by the UK's National Health Service (NHS). They questioned why they did not approve the research that showed this.
Meanwhile, Justice Ketanji Brown Jackson drew similarities between the ban on child sex change and the ban on interracial marriage. “I’m concerned that some of the fundamentals of equal protection litigation that are our foundation are being undermined,” she said.
Tennessee argues that its law does not draw the line based on gender, but rather on medical purpose. The state argues that giving testosterone to girls has a very different effect than giving it to boys.
almost half Of all the states in the United States, Tennessee has passed a law like this one. Mr Scumetti is confident that this is not a “no-consequence” decision.
“The risks to your children are grave. You may lose the ability to bear children for the rest of your life, you may lose the ability to have sexual function for the rest of your life, you will continue to fight tumors, blood clots, bone density problems, and cognitive impairment for the rest of your life.” I’m talking,” he said. “So it's not something to be taken lightly.”
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