Supreme Court to Examine Tennessee's Total Ban on Transgender Surgery for Minors

AP Photo/Rick Bowmer

The US Supreme Court has agreed to take up the issue of "gender transition care" for minors and the ability of state governments to set limits on that practice. This will be the first time the Supreme Court has taken up this issue. Currently, 23 states restrict or ban the practice of gender transition surgery in patients under 18.


The vehicle for the Court examining the practice of "gender transition" surgery is a Tennessee law imposing a total ban on the surgical mutilation of children who claim to have gender dysphoria. A group of parents and children challenged that law. The law was blocked by a federal district court judge but upheld by the Sixth Circuit Court of Appeals. 

BACKGROUND: Federal Appeals Court Upholds Tennessee, Kentucky Bans on 'Gender-Affirming Care' for Children – RedState

Though opponents of these commonsense laws have succeeded at the district court level, they have lost three times at the Circuit Court level — the Sixth, Seventh, and Eleventh Circuits. The Supreme Court did intervene to set aside a Ninth Circuit injunction against an Idaho law banning transgender surgery.

BACKGROUND: Supreme Court Allows Idaho to Enforce Law Banning Transgender Procedures on Children – RedState

The Biden Justice Department has taken some time out from sending grannies to jail for protesting abortion and its mindless Inspector Javert-like pursuit of January 6 trespassers to stand firmly in favor of surgically mutilating children.

The Supreme Court has declined to preemptively wade into the transgender cases percolating up from lower courts.


The Supreme Court has handed several wins to transgender rights activists in recent years. In 2020, in Bostock v. Clayton County, the court ruled 6-3 that federal employment law protections apply to millions of lesbian, gay, bisexual and transgender workers. The court has also declined to review a number of cases where the lower courts had decided in favor of trans rights at school, in prisons and in disability protections. Last year, it also denied West Virginia’s request to allow its law barring transgender girls from playing on girls’ sports teams at public schools to go into effect while legal challenges to it play out.

In these cases, the Supreme Court has declined to accept cases that haven't worked their way through the federal courts.

One analog for how this may play out is to look at how the Supreme Court has treated "gay conversion therapy." About twenty states forbid licensed therapists from attempting to guide homosexuals from a dysfunctional lifestyle. The Supreme Court has allowed those laws to stand. If anything, gay conversion therapy makes more sense and is less harmful than gender reassignment surgery.



Devastating Study Blows Up the Entire Transgender Movement – RedState

Remember the Psychiatric Study Supporting Transgender Surgery? Now They're Taking It Back – RedState

United Kingdom Reverses Course on 'Gender-Affirming Care' for Children – RedState

England Set to Launch New Inquiry Examining 'Gender-Affirming Care' at Adult Clinics – RedState

The Hidden Costs of 'Gender-Affirming' Care: A Closer Look at the Risks for Our Children – RedState

Given the entire panorama of the Supreme Court's actions on transgenderism, there is a lot of reason to have hope that sanity will prevail and the tragic mutilation of boys and girls will come to be seen for the horror that it is.



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