Supreme Court upholds Tennessee law banning medically assisted gender transitions for children

TUPELO, Miss. — Today, the United States Supreme Court issued a landmark decision in United States v. Jonathan Skrmetti. The Court, in a 6 – 3 decision, upheld a Tennessee law that bans medically assisted gender transitions for children. Similar laws have been passed by 25 other states. AFA and AFA Action, joined by lawmakers from 23 of those states, filed an amicus brief supporting the Tennessee law. The Biden-Harris administration had intervened to challenge the Tennessee law.

“In today’s opinion by Justice Roberts, the majority seized on arguments raised by AFA and state legislators in our amicus brief,” continued Dellinger. “The court protected democracy, saying it ‘declined to second-guess’ Tennessee legislators, because States have ‘wide discretion to pass legislation in areas where there is scientific and medical uncertainty.’ The majority rightly held the Constitution leaves these questions to the people’s representatives,” noted AFA Action Senior Legal Fellow Trey Dellinger.

“Today’s majority opinion held that the Tennessee law preventing medically assisted gender transitions for minors did not unlawfully discriminate on the basis of transgender status. The court reasoned that the Tennessee law rationally drew distinctions based on age and the gender dysphoria condition, not transgender identity,” Dellinger explained.

“The Biden Administration had asked the Court to recognize transgender status as a protected class. The majority decision did not reach that issue. But in a concurring opinion, Justice Barrett, joined by Justice Thomas, echoed arguments we raised in our amicus brief. She opined that transgender status is not a protected class. Justice Barrett noted that some individuals change their minds and ‘detransition,’ showing that gender dysphoria is not a fixed characteristic like the other suspect classes the Court has previously recognized, such as race and sex. This is a historic victory for Tennessee legislators and their legislative colleagues from Utah to West Virginia who joined with AFA and AFA Action to stand up and protect children from woke gender insanity. We could not be prouder of them today,” concluded Dellinger.

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 X.        

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

To interview an AFA or AFA Action spokesperson, contact [email protected] or Beth Bogucki, 610.584.1096, ext. 105, Dawn Foglein, ext. 100, or Daniel Moyer, ext. 104.