Originally published in CBN
The Supreme Court jumped into the heated debate over experimental transgender procedures on children on Monday, agreeing to hear the case as the Biden administration seeks to block state bans on gender-altering attempts.
Twenty-five states have passed bans on gender-altering procedures and several are on hold due to litigation. The case before the high court involves a Tennessee law that prohibits transgender-identifying minors from receiving puberty blockers, cross-sex hormones, and invasive surgeries.
The Biden administration and some parents claim the laws prohibit what they call “life-saving treatment”.
“Yeah, the Department of Justice will absolutely take the position that this is lifesaving care,” Sarah Parshall Perry of the Heritage Foundation told us. “That has been the mantra of this administration from day one of the Biden presidency.”
Perry says the court will be asked to decide if the laws violate the Equal Protection Clause of the 14th Amendment.
“The Supreme Court is going to approach the Equal Protection Clause by making a determination of whether or not sex is the same as gender identity and vice versa. Sex has been considered a quasi-suspect class for purposes of Equal Protection Clause analysis, and that requires a heightened level of judicial scrutiny. But gender identity and transgender status have never held to be the same, especially by the Supreme Court, to be the same as biological sex,” Perry said,
Meanwhile, England and other European nations are backing away from transition procedures on minors after studies showed “weak evidence” that they lead to long-term positive impacts.
“This is one instance in which I think Europe is headed in the right direction,” Perry said. “In addition to that, we are now seeing Norway, Finland, Sweden, and now the most recent edition is Scotland who has backed off the use of chemical castration agents as well.”
There is also a growing number of people who underwent gender transition and are seeking to revert back to their biological gender. They’re warning distressed children and their families about rushing into life-altering medical decisions.
“So, at a certain point, I think the Supreme Court is going to have to reference the fact that this is a highly debatable area of public discourse. It is a political hot topic,” she said.
Ultimately, Perry believes the high court will keep the issue with the states.
“There is not going to be a willingness to pluck a constitutional right to experimental medical treatment out of thin air and certainly pull it from the ears of the Constitution. That is going to be a question I think the judges will find better suited for the state houses,” Perry said.
The high court will hear the case in the fall and the justices will rule on the case around this time next year.
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