United States v. Skrmetti Constitutional Case

On Wednesday, December 4th, in United States v. Skrmetti, a constitutional case concerning state legislators’ power to shield vulnerable children from dangerous and unproven medical procedures, the US Supreme Court heard oral arguments. A strong legal and fact-based defense of the State’s legislative reaction to the recent surge in gender-transition interventions for children was put out by the Office of the Tennessee Attorney General. Under the relevant statute, only minors who suffer from gender dysphoria—a mental illness characterized by mental discomfort resulting from a conflict between a person’s sex and their declared gender identity—are eligible for irreversible medical procedures. The opponents contend that the Tennessee law’s ban on the use of cross-sex hormones and puberty blockers for “gender transition” violates the Equal Protection Clause of the U.S. Constitution because it discriminates against people based on their sex and transgender status. According to Tennessee, the law establishes a uniform regulation that is a justifiable use of the states’ long-standing power to control medical practice inside their boundaries. The overall concern of the matter is safety and protection for children, regulating medical practices, and evaluating the risks and benefits of practices being performed.