A Tennessee law banning transgender surgeries and medications for minors is constitutional, according to Alabama Attorney General Steve Marshall.
Members of the U.S. Supreme Court (SCOTUS) are set to hear oral arguments about the law on Wednesday between Tennessee, the Biden administration and other plaintiffs. SCOTUS’s decision will have major implications for other states including Alabama with similar bans.
Marshall filed a friend-of-the-court brief in support of Tennessee at the Supreme Court.
Recently unsealed documents in a lawsuit against Alabama's ban revealed the Biden administration lobbied against including minimum age requirements in the World Professional Association for Transgender Health's (WPATH) standards of care for surgeries.
Marshall's brief heavily emphasized WPATH and its collusion with the Biden administration's Department of Health and Human Services (HHS) to promote irreversible, non-evidence-based interventions.
Marshall said in an op-ed in the Wall Street Journal on Monday, “The path forward for the court is simple.”
“Because Tennessee’s law treats minors of each sex the same, there is no suspect classification under the Equal Protection Clause, and the trial court thus erred by second-guessing the Tennessee Legislature’s regulation of sex-change procedures for minors. The justices won’t need to dive into the factual disputes, which are typically resolved by trial courts and reviewed under a deferential standard,” he added. “The political, medical and legal scandal my office uncovered confirms the wisdom of this legal practice. The Constitution recognizes that difficult policy questions are best addressed not by self-appointed experts or even by the courts, but by the people and their elected representatives. Here that means states like Tennessee and Alabama are free to recognize that children suffering from gender dysphoria deserve better than sterilizing hormones and irreversible surgery—even if groups like WPATH and the current administration think otherwise.”
To connect with the story's author or comment, email caleb.taylor@1819News.com.
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
