The American Civil Liberties Union (ACLU) is taking an aggressive stance against a Tennessee statute that aims to shield minors from irreversible medical procedures related to gender transition. The ACLU is moving to take an appeal challenging the law to the Supreme Court. Their petition emphasizes the necessity for the court’s intervention, based partly on the growing number of states enacting similar legislation.
As such, the legal battle is not just about a single state’s law but encapsulates a national debate on the authority of states to enact laws reflecting the will of their residents. The ACLU, along with other leftist legal groups, argue that the Tennessee law, which forbids medical procedures such as hormone therapies and surgeries for minors, infringes on the 14th Amendment’s Equal Protection Clause. Their argument, however, overlooks the fundamental duties of states to safeguard their most vulnerable citizens.
ACLU asks Supreme Court to intervene on state ban barring child sex changes https://t.co/ygT5LzI3Rc
— Bo Snerdley (@BoSnerdley) November 2, 2023
The Sixth Circuit U.S. Court of Appeals upheld the Tennessee law, recognizing the distinction of transgender identity as one not “definitively ascertainable at the moment of birth” and not “necessarily immutable,” referencing the phenomena of “detransitioners.”
Tennessee’s stance, supported by Gov. Bill Lee (R) and Attorney General Jonathan Skrmetti, represents a broader conservative approach that prioritizes the health and future of children. Skrmetti heralded the Sixth Circuit’s decision, stating, “This is a big win for democracy. Decisions that are not clearly resolved by the Constitution should be resolved by the people through their elected representatives.”
The legislation arose following public concern after a Vanderbilt University Medical Center discussion about gender transition procedures for minors was publicized. While significant medical associations back gender-affirming care, the irreversible nature of these procedures and their profound effects on physical and mental health have raised concerns among parents, healthcare professionals, and lawmakers.
The law’s defenders view the measure as a necessary step to protect minors from making life-altering medical decisions that they may not fully comprehend and might later regret. It also aligns with the growing apprehension about the long-term impacts of such procedures on fertility and physical development.
The ACLU’s petition to the Supreme Court underscores the urgency they feel as the nation witnesses a proliferation of laws restricting medical interventions for minors. Indeed, the Supreme Court’s potential review of the law could set a far-reaching precedent. But this case transcends legal technicalities; it speaks to the heart of a society’s duty to protect its children and the role of state governance in reflecting the collective will of its citizens.
Critics of Tennessee’s law argue it denies necessary medical care, with the ACLU-TN’s Lucas Cameron-Vaughn stating, “Families are losing access to much-needed medical care that has allowed their children to flourish.” However, proponents of the law insist that the true flourishing of children comes from careful, prudent decision-making guided by mature understanding — something minors are not yet equipped to do on their own.
The question the Supreme Court may consider is about more than just the availability of specific medical procedures for minors. It is a profound inquiry into the bounds of state power, the preservation of childhood, and the safeguarding of future generations from irreversible decisions they may not be ready to make. As more states observe this legal challenge, whether to protect children through such laws will remain at the forefront of a national conversation about the intersection of parental rights, child welfare and state legislation.
