SCOTUS upholds ban on ‘gender-affirming’ treatments for minors, setting stage for national debate

EY99NE The facade of the United States Supreme Court building in Washington, D.C.

Photo: Alamy

This week, the U.S. Supreme Court issued a landmark decision in the battle against radical transgenderism in culture by upholding a Tennessee ban on “gender-affirming” care for minors.

In a 6-3 decision, the court upheld a Tennessee law, SB 1, that bans the use of hormone treatments and puberty blockers for minors. Chief Justice John Roberts detailed the court’s decision on the matter, arguing that the legislation did not violate the Equal Protection Clause of the Fourteenth Amendment.

“Having concluded it does not, we leave questions regarding its policy to the people, their elected representatives, and the democratic process,” he wrote for the majority opinion.

SB 1, however, bans far more than puberty blockers and hormone treatments for children who are seeking to medically transition to the opposite sex. According to the court’s opinion, it also bans gender-bending surgical operations for minors, such as the removal of breasts or phalloplasty, both very controversial when performed on children.

“Setting aside whether sex-transition treatments for children are effective, States may legitimately question whether they are ethical,” Justice Clarence Thomas wrote in his opinion joining the majority. “…Mounting evidence gives States reason to question whether children are capable of providing informed consent to irreversible sex-transition treatments, and thus whether these treatments can be ethically administered.”

The ruling to uphold Tennessee’s ban on such controversial and permanent procedures for children seems to be a sign of changing tides when it comes to the debate on transgenderism in the culture. According to the Associated Press, at least 26 other states already have laws on the books similar to SB 1.

The court’s ruling signals the validity of state sovereignty in determining whether to allow operations and treatments. It is expected to fuel debate about the viability of a nationwide ban on such procedures for children.

“People don’t yet fully appreciate the significance of yesterday’s SCOTUS ruling upholding the Tennessee law protecting children from gender mutilation,” wrote Turning Point USA President Charlie Kirk on Thursday.

He continued, “The trans movement was built entirely on judicial force, never popularity. The central plank of their barbaric movement was just destroyed.”

In a separate comment, Kirk added that the path toward potentially achieving a nationwide ban on transgender operations for minors “is completely open to us now.”

Chloe Cole, a prominent de-transitioner and survivor of gender-affirming treatment, also reacted this week to the court’s ruling, noting, “Children deserve to be protected by the adults around them…this is a decision that goes beyond politics. It’s about the love and compassion that we need to extend to our children who are struggling or confused about who they are.”

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