Supreme Court appears poised to uphold Tennessee’s law banning harmful gender transition medical interventions for children

TUPELO, Miss. — On Wednesday, the U.S. Supreme Court heard oral arguments in United States v. Jonathan Skrmetti. The case concerns a Tennessee law that bans gender transition medical interventions for children. Twenty-three states have passed similar laws. AFA and AFA Action, joined by lawmakers from these 23 states, filed an amicus brief supporting the Tennessee law. On the opposite side, the Biden-Harris administration has intervened in support of the plaintiffs challenging the Tennessee law.

“Wednesday’s oral argument indicated a majority of the Court is likely to uphold the Tennessee law. The majority repeatedly seized on arguments raised by AFA and state legislators in our amicus brief,” noted AFA Action Senior Legal Fellow Trey Dellinger.

“Justices Thomas, Alito, Roberts, Kavanaugh and Barrett questioned the Court’s competency and authority to short-circuit the democratic process and decide the closely contested and rapidly evolving medical, scientific and policy decisions involved in the case. Chief Justice Roberts said it was not only a question of qualifications, but ‘a question of constitutional authority.’ He said the Constitution leaves these questions ‘to the people’s representatives.’ Justice Kavanaugh noted that ‘twenty-plus’ states disagreed with the scientific and policy arguments made by Petitioners, again suggesting the issue should be left to legislatures.

“Justice Jackson perceived the majority’s leaning, saying she was ‘suddenly quite worried’ about the ‘role of the court’ questions.

“Both Justices Kavanaugh and Alito asked counsel to admit some transitioners change their minds and want to detransition, and all conceded the point.” Dellinger emphasized, “This demonstrates that gender dysphoria is not a fixed characteristic like the other suspect classes the court has recognized, such as race and sex. The Justices’ remarks indicate a majority are strongly leaning toward upholding the Tennessee law. That would be a landmark victory for everyone who wants to protect children from the woke gender insanity pushed by the Biden Administration. AFA and AFA Action are proud to stand with state legislators ranging from West Virginia to Utah to protect the nation’s children.”

AFA Action is a non-profit 501(c)(4) organization dedicated to advancing biblical family values in society and government by shaping public policy through education and advocacy. The mission of AFA Action is to inform and mobilize individuals to strengthen the biblical foundations of America by persuading individuals with the truth of the Gospel, challenging the lost to repent, promoting societal values that are consistent with Scripture, restraining evil and exposing the works of darkness, motivating people to take a stand on cultural and moral issues, and encouraging Christians to bear witness to the world the love of Jesus Christ. Find AFA Action Alerts here. 

For more information on the American Family Association, visit www.afa.net or follow AFA on Facebook or Twitter @AmericanFamAssc.        

For more information on AFA Action, visit www.afaaction.net or follow AFA Action on Facebook or Twitter.

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To interview an AFA or AFA Action spokesperson, contact [email protected] or Beth Bogucki, 610.584.1096, ext. 105, or Daniel Moyer, ext. 104.