The Court allows state restrictions in a 6-3 vote. It should have been 9-0.
States Can Restrict Transgender Treatments for Minors
In a sensible ruling, but one that should have been 9-0, the Supreme Court Allows States to Restrict Transgender Treatments for Minors
The Supreme Court on Wednesday upheld a Tennessee law barring gender-transition treatments for minors, rejecting claims that the ban amounts to sex discrimination.
The decision, which broke 6-3 along ideological lines, was the latest setback for transgender rights, which the Trump administration has targeted in policies that range from expelling transgender personnel from the military to halting funding for the University of Pennsylvania because it had a transgender female on a women’s swim team.
“This case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field,” Chief Justice John Roberts wrote for the court. “The voices in these debates raise sincere concerns; the implications for all are profound,” he continued, but the “Equal Protection Clause does not resolve these disagreements. Nor does it afford us license to decide them as we see best.”
That task, he wrote, was best left to the legislature.
In dissent, Justice Sonia Sotomayor argued that the law clearly discriminated based on sex and that court review was warranted. Instead, “the Court abandons transgender children and their families to political whims,” she wrote.
The case demonstrated how quickly the tides had turned on transgender issues as a result of the presidential election. The Biden administration had joined the plaintiffs challenging the law—three transgender youths, their parents and a Memphis doctor—and a Justice Department attorney argued on their behalf at the court’s hearing in December.
In Wednesday’s decision, “the common sense of Tennessee voters prevailed over judicial activism,” said Tennessee Attorney General Jonathan Skrmetti, a Republican. “A bipartisan supermajority of Tennessee’s elected representatives carefully considered the evidence and voted to protect kids from irreversible decisions they cannot yet fully understand.”
The Tennessee statute, enacted in 2023, forbids prescription of puberty blockers, hormone therapy or other medical treatment allowing minors “to identify with, or live as, a purported identity inconsistent with the minor’s sex.”
The law was challenged on constitutional grounds, and in June 2023 a federal district judge in Nashville, Tenn., blocked the measure, finding it was an unconstitutional form of sex discrimination. Judge Eli Richardson, a Trump appointee, reasoned that the law targeted transgender youths for disparate treatment because, for example, a girl could obtain hormone therapy to bolster feminine characteristics but a boy couldn’t.
The Sixth U.S. Circuit Court of Appeals in Cincinnati halted the lower court’s decision. Chief Judge Jeffrey Sutton said the Constitution provided no clear direction on transgender rights, leaving such judgments to the legislature.
It is absurd that minors, pressured by teachers and academic nut cases, can take life-altering actions the kids do not at all understand.
Nah. Get the government out of the doctor’s office.
As a dyed in the wool liberal I support this decision. There are a lot of restrictions we place on age (as many pointed out below). You can be too young to drink, too young to vote, too young to get a tattoo, too young to get married (although not in the south). Pharmaceutical companies are licking their lips at getting life long customers – screw up people’s bodies at a very young age and then spend 70 years treating associated ailments.
Consenting adults that want to do this should have every right, but children are too young to consent.
I am guessing you have never attempted to look at the published data on depression and suicide in this group and how big of a positive impact gender affirming care has on their outcomes. For a guy who seems to be into actual evidence and data, this is a big swing and a miss on your end.
I am guessing you never thought about this question:
Why didn’t these suicides happen in the 40s, 50s, 60s, 70s, 80s, 90s, 2000s, or even 2010s?
Is it because of all the woke brainwashing in school now?
Classic RFK Jr. take. Just because people aren’t measuring or are measuring it poorly, doesn’t mean it wasn’t happening. Anyway, this post is 100% an opinion piece that actual medical professionals who know the data would vehemently disagree with.
So your hypothesis is that brainwashing causes people to hate themselves for who they are, causing them to be depressed about wanting to be a different gender. Which is why they are less depressed and suicidal when they do get gender-affirming care?
Get yourself informed before writing an opinion piece without even attempting to look at the data.
https://www.scientificamerican.com/video/what-the-science-on-gender-affirming-care-for-transgender-kids-really-shows/
Scientific American has long ceased to be a reliable source of dispassionate scientific analysis—witness its “woke” CEO and her predictable advocacy of loopy left-wing positions.
The “fact” is that no minor should be allowed to make irreversible decisions about their body—they simply have neither the perspective or judgement to do so.
It simply looks like good old fashioned “Common Sense” to me! I cherish this approach of “Common Sense” to these diluted garbage feel good sagas we have been hearing about for how long now? It’s fine time they look in the mirror, and start acting like the Adults in the room , instead of the little baby, stomp my feet, cry fake tears, and then ask for more BS!! DONE!!! Move past this Drama already please!!!
No disrespect, but you may need to read the most recent studies. Here’s one:
This is why even Western European countries are back-tracking on this.
Exactly. The sole study that I could find, from a Scandinavian country with a small sample size, showed a higher rate from suicide AFTER transition surgery.
Their recommendation? “More education.”
I completely agree with this decision by SCOTUS. Minors are not in a position to make this sort of life altering decision. And parents have been pressured by doctors and counselors on the basis that transitioning reduces suicide risk – which has been shown to be false.
After this we’d let kids: consent to sex, smoke, vote, get tattoos, and drink alcohol. Why not do these things if you can make a permanent, life-altering decision at such a young age? I’d say these are even less damaging to kids that chemically forcing another gender on their body.
As usual. The left are bunch of nut jobs. Who would give a 10 or 11 year old a sex change ? I mean come on already.
Don’t call them the “left”. I am from the real left. We think the only identity group that is worth fighting for is labor. It is bigger than any other identity that the liberals and conservatives can think of: race, religion, gender, sexual orientation etc etc.
As usual. Stereotyping and parroting talking points of the Russian influenced GOP. Plenty of liberals side with the 6 scotus justices in this- me included.
“It is absurd that minors, pressured by teachers and academic nut cases, can take life-altering actions the kids do not at all understand.” Unless you can support this statement, please revise your article. Mike, while you go to great pains to provide us with facts and data, what is your evidence supporting this statement?
No one is “pressuring” children to undergo identify affirming surgery.
I do not support transgender M to F competing with biologically born females. However, we all have seen the young child who just does not conform to their biological body. It is truly sad and miserable for them, often resulting in suicide. I don’t know why people care so much about this issue.
Mike – you need to find a transgender friend as your perspective lacks depth.
The evidence is the astronomical increase in the number of trans kids. It is impossible for that to be an organic phenomenon.
“I don’t know why people care so much about this issue.” I agree. It’s weird that there are so many people obsessed with sterilizing children.
“like” x infinity.
I heard about herd mentality, but up-until-now, I thought it described lowly herbivorous behavior. Apparently, there are some common genes.
A lot of wedge right wing issues would disappear if they weren’t such insular people.
“No one is “pressuring” children to undergo identify affirming surgery.”
How do you know this?
In my state (Washington), laws are being passed that circumvent parental consent for children as young as 13 years old WRT (the controversial label) of “gender affirming care”.
Many of us understand that confusion is a normal aspect of puberty for many children.
Are you suggesting I should simply “trust” my mostly liberal legislature or school counselors I do not know with the health and welfare of my children or grandchildren?
“the implications for all are profound”…
Bullshit: it really concerns only the parents and the child.
…and the species.
not when you force others to exist in your alternate reality.
Another interesting topic!
As a hobby, I started raising bees on my farm. They have taught me many things.
“You are what you eat” is a literal truth in a bee colony. Every Queen starts out exactly the same genetically as any other female bee. She expresses herself genetically and becomes a Queen because she is fed “Royal Jelly”. This is different from the pollen (protein) and honey (carbohydrate) that the bees in the colony eat.
Having broad curiosity and a strong desire to learn, I have done some research into why my peers are having so many autistic children and children with strong confusion as to what sex they are? Questioning is a great skill IMO.
Interviewing a small sample of educators that cater to identity counseling has caused me some great discomfort. They attack me for asking hard questions. I am also attacked by the right that thinks all children are one or the other. Finding the middle ground is not easy…
As with any complex problem, it is not defined by ideology. Ideology is the intolerance part. Ideology is the narrow view, unaccepting and unwilling to consider alternative to fit pre-determined conclusions.
For the record I am male, heterosexual and neither bi or trans. A curious human.
To open the discussion I ask that you contemplate two factors:
A relatable example is the 40+ woman that has a child after menopause sets in. The child often expresses itself genetically as a child with “Downs Syndrome”.
This is a far more complex problem than intolerant, ideological solutions provide adequate answers.
We are what we eat and disease and behaviors change and/or express themselves as a result of our interaction with our diet and environment.
As our knowledge expands, it is wise to question ideology ~ in my opinion. I have rarely learned anything from a narrow perspective.
this is not a question about gender confusion among young people. this is a question about what to do with said confusion. let’s be open-minded as you so annoyingly advocate. in what other areas should we be open to children making decisions with lifetime consequences? alcohol consumption? marijuana use? how about sex? should we be so open-minded as to entertain the idea that it is appropriate for children to engage in these things because they are curious?
Manual or Automatic?
I bet none of you have ever seen an XX female assigned at birth be born with a penis protruding from their body. Being born intersex is real, and our oversimplified notions of male and female from long ago were left in the dust by honest science decades ago.
Choosing to be ignorant and sheltered is not a good look.
Guess what happens to lots of kids born intersex? They have genital mutilation surgery, many girls have three of them labiaplasty vaginoplasty and another one that nobody who is not curious cares about.
Sad that so many people would rather hate others than learn for themselves. I weep for what used to be the American intellect.
We don’t legislate from the 1 out of 10,000 cases. If you want to make an exception for intersex or hermaphrodites (are they the same?), go ahead.
That’s true but…how many MAGAs listed transgenders playing female sports as one of their top reasons for supporting Trump? There are less than 10 college athletes that fall into that category.
great. now defend the surgeries and hormone therapy for the other 99% of these children.
We arent’ talking about inter-sex people here. That’s about 1 in 1500 to 2,000 births. It is a justification for manipulated children to undergo life-altering medical care due to the mental illness of the adults around the child.
Agreed, the court made a good call here. I have no problem with dissenters – that’s why you have 9 judges. Alito has a few scary opinions too.
Agreed, all above.
It’s SCOTUS that started all this BS with protecting “gender” as if it was the same as “sex”. Hopefully, they will fix it, and this is a good starting point
Global depopulation. So you have to castrate and mutilate some kids. Eye on the prize. Yeah, no thanks. In this case, would say that the punishment should fit the crime.
It should be a nation-wide ban.
You summed it up with this: “In a sensible ruling, but one that should have been 9-0”
The need to go further is redundant, and the need for replacements, when given the opportunity, a must.
My bigger fear, is that the SJC is behaving in this manner as well. What should be unanimous votes, are splintered, and by both sides. This makes me feel like there is an “Agenda” that is driving this behavior. Does it come with Benefits (wink,wink) is what I would like to know,
Maybe take a look see under the hood, of these people, their Family, and Friends too. Everyone should be looked at when situations appear to have an Agenda.
We Never Truly Did That before recently, and look at what’s been uncovered since. I agree, nobody is “Above The Law” so let’s look at them when it merits a peek. No Harm, No Foul…
It’s even more absurd that a physician would perform a double mastectomy on a 15-year old girl – check out Chloe Cole’s story.
One of these days – and it’s coming sooner than these doctor’s may suspect – these children are going to be of age to realize the harm that has been done to them and they will start to sue the doctor’s, the psychologists, the school districts, the pharmaceutical companies, and everyone else who placed them directly in harm’s way for their own ideological predilections.
Sue? How about kill? And let me be on the jury. NOT GUILTY!
Sotomayor is wrong as there is no discrimination against either gender. Both cannot be mutilated be it castration or spaying..
And it should extend beyond minors until at least 21 as if the government has decided that under 21s are too immature to enter a bar then their brains are too immature to make a life altering decision that cannot be reversed
As the government has decided that under 21s are “too immature to enter a bar” the same rationale, “brains are too immature to make a life altering decision”, should also be prohibit the government from – at the every least – sending under 21s into a combat zone and quite possibly from enlisting them at all, as both of these are also “irreversible life altering decisions”.
We should just keep people in a bubble until 25 so their PF cortices are completely formed. /s
Most 60 year olds and 30 year olds are too immature to deserve the privilege of drinking alcohol. In fact it would be best for everyone if it was illegal for all or simple didn’t exist, just like so many other drugs, including dozens that aren’t as dangerous as alcohol. A world of beaten wives and children can attest, as can innumerable innocent victims of drunk driving, and broken families across the world.
Having a beer is a lot different than changing one’s sex.
Having a beer or glass of wine or scotch is greatly different from getting drunk and beating ones wife, husband, dog or child.
Rando’s point of the damage caused by irresponsible use of drugs and alcohol remains valid when excess is involved. Alcohol has put all of us at risk at some point. I occasionally wonder how many impaired drivers pass me on a given day?
How many priests have molested little boys or girls after drinking a few extra toasts to their god?
You sound like my mother in law. Who can’t get up out of her chair and watches TV (MS-NBC) literally 24-7, and thinks my having a beer after a six mile run is degenerate.
Sure, alcohol can be abused. So can anything else.
The adults don’t understand either.
Try having a trans kid before you post crap. Would have been a lot easier for everyone if we could have delayed puberty just a bit.
Blame your failure on yourself and not on others. You didn’t protect your kid.
How much earlier did your kid hit puberty than any other kid? It sounds like you are blaming nature.
How come there was never a trans kid that was known from lets say 2008 and back? Asking for a male friend
Because your sheltered life hid from them effectively. I knew many as far back as before the turn of the millennium and my skin is probably about as alabaster white as yours
Agenda’s…
I only remember Richard Raskind/Renee Richards playing tennis in the 70’s.
You hadn’t heard about it because Faux News hadn’t fixated on it as a wedge issue yet.
Not having a trans kid won’t stop their bigotry, and if they had one, I hazard a guess most of them would talk down to them and say they are disappointed their child CHOSE a life of perversion.
Try having a loved one die of “Skin Cancer”. Would have been a lot easier for everyone if we could have just “Blocked The Sun Out” for just a bit.
See where this goes. It’s not up to the Government, or any one else but You, to see after Your Children. You don’t add laws and special circumstances for the Few. That’s up to Families, Friends, and Associations with others to help out with.
Your Trans Child is unfortunate, or maybe not, I am not one to know, but there are many just as confused is my point. You can’t pass laws and rules to accommodate them for this confusion, but rather talk to them, get help with a therapist, and do things You have control over, and are out there for this exact purpose. They need Your Help, and not the Government’s!!!
I wish You and Them Well!!!
Female athletes periods are often chemically delayed or suppressed by their coaches. Sexual manipulation has been around for ages.
A large number of people that hate any type of sexual behavior other than heterosexual male female relationships also believe in the Immaculate deception (Mary was a virgin).
Ideology has a crushing influence on human achievement!
.
Nonsense. Cite one valid example of a coach delaying puberty.
Does any other country have this issue? I dare one of these non binary or whatever the _uck they want to be called to get that passport and fly into Egypt….Better yet Saudi Arabia.
I’m begging one of them, please give that a try and let me know how you make out
When Egypt and Saudi Arabia theocrats are in violent agreement with you, you should ask yourself where you went wrong…
Well I think you are clearly in the minority on this Phil….what part of CT are you in? So I can avoid you at all costs
We travel with trans kids to every town in CT every week, see you Thursday!
You sound like you are pimping them. Perhaps you should elaborate on that statement.
LOL don’t pout David, it makes you seem small. If other Americans and their life choices make you uncomfortable, there’s always Egypt or Saudi Arabia for a guy like you!
Do you favor allowing people to subject their daughters to clitorectomies? It’s their choice, after all.
If you declare yourself trans in Iran the government will pay for your sex change but it is a total sex change and not partial. If a repressive theocratic government agrees with you maybe you should rethink your politics and your life choices.
Ah yes, ignore the melting pot that America has always been designed to be. How anti-intellectual does it get?
The latest sexual perversion does not contribute to a “melting pot.”
Anybody who wants to maim and sterilize themselves should be allowed to do so – the moment they turn 18. Leave the kids alone.
Wisest comment so far.