DOJ Advocates for Children in Important Case on Transgender Medical Interventions

Elections have consequences. While always true, that statement has been made abundantly clear over the past three weeks.

Last December, the U.S. Supreme Court heard oral arguments in a very important case, United States v. Skrmetti. You can read the Daily Citizen’s summary of the arguments here and here.

The case revolves around Tennessee’s Senate Bill 1 (SB 1) which prohibits physicians from providing minors with harmful and damaging transgender medical interventions like puberty blocking drugs, opposite-sex hormones and surgeries.

After Tennessee passed the bill, several private plaintiffs filed a lawsuit to prevent enforcement of the law, with the U.S. Department of Justice intervening on their behalf.

The DOJ and plaintiffs argued SB 1 unconstitutionally “discriminates on the basis of both sex and transgender status in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.”

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division issued a statement after the DOJ filed the complaint, saying, “The Civil Rights Division of the Justice Department will continue to aggressively challenge all forms of discrimination and unlawful barriers faced by the LGBTQI+ community.”

Of note, President Donald Trump has nominated Harmeet Dhillon to serve as the Assistant Attorney General for Civil Rights – a very important and consequential position.

After the lawsuit was filed, the U.S. District Court sided with the plaintiffs and issued a preliminary injunction to prevent enforcement of the law. However, the U.S. 6th Circuit Court of Appeals reversed the district court on September 28, 2023.

After that, the DOJ appealed the ruling to the Supreme Court, which accepted the case and heard oral arguments last December.

This is the question the court is considering:

Whether Tennessee Senate Bill 1 (SB1), which prohibits all medical treatments intended to allow “a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex” or to treat “purported discomfort or distress from a discordance between the minor’s sex and asserted identity,” … violates the Equal Protection Clause of the Fourteenth Amendment.

Now, after President Donald J. Trump was inaugurated last month, the U.S. Department of Justice has changed sides in the case.

On February 7, Deputy Solicitor General Curtis E. Gannon penned a letter to the nine members of the Supreme Court.

“Last year, the United States filed briefs contending that SB1 violates the Equal Protection Clause of the Fourteenth Amendment,” Gannon wrote. “The United States advanced the same position at oral argument.”

“Following the change in Administration, the Department of Justice has reconsidered the United States’ position in this case,” he added. “The purpose of this letter is to notify the Court that the government’s previously stated views no longer represent the United States’ position.”

Gannon then stated,

The Department has now determined that SB1 does not deny equal protection on account of sex or any other characteristic. Accordingly, the new Administration would not have intervened to challenge SB1 – let alone sought this Court’s review of the court of appeals’ decision reversing the preliminary injunction against SB1.

This reversal is greatly encouraging. Rather than siding with radical transgender activist groups like Lambda Legal and the ACLU, the DOJ is now advocating for the protection of children.

However, even though the DOJ has changed its opinion, Gannon said he is not asking the court to dismiss the case. Citing the various private plaintiffs who are still challenging the law, and “many [other] cases pending in the lower courts” that will be impacted by the court’s eventual ruling, Gannon said, “The Court may resolve the question presented.”

We hope and pray the Supreme Court will side with Tennessee and rule that states can protect children from harmful transgender medical interventions. Will you please join us in prayer?

Related articles and resources:

Counseling Consultation & Referrals

Transgender Resources

Addressing Gender Identity with Honesty and Compassion

The Journey Back to My True Identity

What is ‘Gender Identity’

Key Takeaways from Supreme Court Case on ‘Transgender’ Interventions

Supreme Court Hears Case on Protecting Children from ‘Transgender’ Sterilization and Mutilation

Supreme Court Must Allow States to Protect Children From Transgender Medical Interventions

Tennessee and Mississippi Pass Bills to Protect Children from Harmful ‘Sex Change’ ProceduresTennessee Lawmakers Introduce Bill to Ban ‘Trans’ Procedures on Minors

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