SCOTUS may soon receive urgent appeal on transgender surgery for minors.
Supreme Court Could Soon Face Emergency Appeal on Trans Surgery for Kids
A federal appeals court’s recent decision to allow Tennessee’s child sex change ban to take effect has raised the possibility that the Supreme Court will be asked to weigh in on the issue. The Sixth Circuit paused a lower court’s injunction on Tennessee’s ban, which includes prohibiting children from undergoing sex change surgeries, puberty blockers, cross-sex hormones, and any related drugs or devices.
With similar bans being challenged across the country and multiple cases being appealed in circuit courts, legal experts believe it is only a matter of time before the Supreme Court addresses the issue. Sarah Parshall Perry, a senior legal fellow at Heritage’s Edwin Meese III Center for Legal and Judicial Studies, explained that these cases involve judges determining whether a state’s interest in protecting children outweighs a parent’s interest in pursuing experimental medical treatment.
If another circuit court reaches a different conclusion and upholds a parent’s right to pursue experimental medical care for their children, Perry believes the case will be brought before the Supreme Court on an emergency appeal. She noted that the Supreme Court has never held that there is an unfettered right to experimental medical treatment for children.
Gene Hamilton, general counsel and vice president at America First Legal (AFL), expressed optimism that other courts will follow the Sixth Circuit’s lead in rejecting attempts by the radical left to achieve their goals through the courts. Hamilton emphasized that the Supreme Court has not extended due process or equal protection to cover procedures and treatments that could be considered genital mutilation or chemical castration of children.
The ACLU has filed lawsuits challenging child sex change bans in multiple states, including Texas, Alabama, Idaho, Arkansas, Indiana, Oklahoma, Nebraska, and Kentucky. In Florida, four families backed by LGBT activist groups have also challenged the ban.
Tennessee Attorney General Jonathan Skrmetti issued this statement after the Sixth Circuit Court of Appeals granted Tennessee’s emergency motion for a stay of the preliminary injunction in L.W. v. Skrmetti. pic.twitter.com/MFNrGrQ9Zv
— TN Attorney General (@AGTennessee) July 8, 2023
Obama-appointed Eastern District of Arkansas Judge Jay Moody struck down Arkansas’ law in June, while Northern District of Florida Judge Robert L. Hinkle, a Clinton-appointee, granted a preliminary injunction against Florida’s ban. The case against Florida’s law will soon be appealed in the 11th Circuit.
Plaintiffs in these lawsuits argue that “gender-affirming care” is medically necessary to prevent mental health problems such as anxiety, depression, self-harm, and suicide. However, Perry disputes this claim, stating that there is no data to support the notion that these treatments are life-saving. She warns of the tragic consequences that may arise from the push towards gender-altering treatments in federal trial courts across the country.
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