Biden Is More Concerned With Fighting 'Trans Care' Bans Than Antisemitism

AP Photo/Jacquelyn Martin

The Biden administration is offering the most mealy-mouthed defense of Israel - a far cry from the stance it attempted to take in the beginning when Hamas launched an inhuman attack on Israeli citizens early last month. Where they started out sounding strong, they have recently walked back, changed, or abandoned previous positions.

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Sure, members of the Biden administration tell you they condemn the attack on Israel, and that Israel will receive our support. However, after a revolt from the pro-Hama wing of his party, he has started calling for a "pause" from Israel and condemning attacks on civilians. Members of his own party, not satisfied, are pushing harder. It's not impossible to think that they'll convince his administration to completely turn on Israel and call for a ceasefire, which just means a win for Hamas.

But the Biden administration is not hesitating when it comes to an issue they see as way more important: "Trans care."

The Biden administration on Monday urged the U.S. Supreme Court to take up cases over transgender health care bans, arguing that Tennessee’s ban on gender-affirming medical care for minors violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Justice Department filed in that specific case because it earlier this year had intervened in the case.

“[T]he question whether the recent wave of bans on gender-affirming care are consistent with the Equal Protection Clause is a question of national importance that urgently requires a definitive resolution,” the Justice Department lawyers argued in the certiorari petition filed Monday. “Absent this Court’s review, families in Tennessee and other States where laws like SB1 have taken effect will face the loss of essential medical care.”

The filing is the third such request to reach the Supreme Court in the past week — following on cert petitions filed by transgender plaintiffs and their families in Tennessee and then Kentucky urging the justices to hear the cases over their states’ respective bans.

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They are petitioning the Supreme Court to take up challenges to bans on trans-related medical procedures in the wake of multiple states passing bans on such procedures. 

The move comes after the Sixth Circuit upheld such bans as constitutional back in September. But, the DOJ argues, they got it wrong.

The Sixth Circuit did not suggest that laws like SB1 could survive heightened scrutiny. Instead, it applied only the deferential rational-basis standard because it held that some laws that draw sex-based lines do not trigger heightened scrutiny—and that laws discriminating based on transgender status never warrant heightened review. Those holdings are wrong, and they create or deepen circuit conflicts on the proper application of the Equal Protection Clause to laws targeting transgender individuals, both in the specific context of bans on gender-affirming care and more broadly.

But the Biden administration is showing more passion for transgender children seeking affirming care (care that the scientific community is torn over globally). Several countries, including the United Kingdom, have stopped allowing hormone blockers to be prescribed for children, to say nothing of any gender-affirming surgeries.

Our closest ally in the Middle East is under threat of extinction (again) and Biden barely says a word. U.S. troops are under attack in Iraq and Syria, and he says nothing while his administration says "Y'all please stop." But laws that are stopping doctors from using untested, unproven treatments for kids who identify as transgender? The Biden administration has to file brief after brief, statement after statement, trying to protect something that medical professionals can't agree is the right thing.

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That makes sense, right?

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