Trans-Ideology Finally Makes It to The Supreme Court
Where we all knew it would end up.
Parents and parent groups, including the one I lead- Our Duty – USA, want our gender-distressed children to grow into adulthood with their healthy bodies intact. We have been waiting years for a case to reach the Supreme Court that will address whether so-called sex change medications and surgeries should be used on children. On December 4, 2024, the Supreme Court is poised to hear oral argument in the United States v. Skrmetti action, a case that will decide whether Tennessee’s Senate Bill 1 that bans all medical interventions on children for the purpose of altering their bodies to match their then-current internal sense of their gender, violates the Equal Protection Clause of the Fourteenth Amendment.
While it may be tempting for Donald Trump’s Department of Justice to dismiss this monumental case, he must not.
Should the case be dismissed, it will only prolong the harms on our children. Even if Trump follows through with his promise to sign an executive order revoking any federal funds for gender interventions on children, it will not be enough. Supreme Court precedent is needed to ensure that future administrations do not return to supporting the barbaric practice of irreversibly altering children’s secondary sex characteristics. Parents of gender-confused children cannot wait any longer for the medicalization of children to end. As noted in an opinion just this week from the Seventh Circuit Court of Appeals (terminating the district court’s preliminary injunction that stopped Indiana from enforcing its law prohibiting doctors from performing medical interventions on minors for “gender transition” purposes), Circuit Courts are split on whether it is permissible for states to ban these procedures for minors. The Supreme Court needs to weigh in.
The importance of a decision in Skrmetti cannot be overstated. The decision in the case will reach well beyond whether Tennessee’s ban is unconstitutionally discriminatory. In Skremetti, the Supreme Court must decide whether there is a classification called “transgender children” and whether that classification is a suspect class warranting strict scrutiny, a very limited category that includes immutable characteristics such as race, alienage and national origin. Should the Court decide that being “transgender” is a suspect class in the hierarchy of protections, that will override the immutable, naturally occurring sex classification, which is only a quasi-suspect class receiving intermediate scrutiny. More frightening, if the Supreme Court fails to rule that Tennessee’s ban is constitutional, children will be seen as naturally occurring humans with a mismatch of their body and mind, with gender treatment that creates lifelong dependence on exogenous hormones and the results of genital surgeries being de facto required. Any parent who dares refuse to consent to the interventions can, and will be adjudicated as an abuser or neglectful, even in Red states.
On the other hand, if the Supreme Court rules that children’s gender-confusion is flexible and mutable, placing them outside of the suspect category, parents in Democrat-held states will be more likely to retain custody of their children from ideologically captured child protective services that have been taking children from parents who refuse to transition their children. Additionally, the Court’s decision will mark a giant step forward in protecting sex-segregated spaces and set the stage for the original intent of Title IX to return to every state, not just the Republican states that filed suit. The Court is predicted to set the hierarchy of protected classes, elevating sex above gender identity, a belief system known only to the one claiming the label.
The Trump administration has an exceptional opportunity to enshrine into law that no child is born in the wrong body and that subjecting a child to sterilizing interventions for “gender” purposes is an unacceptable practice in the United States. Should the Democrats regain power, they will be incapable of undoing the Court’s ruling with executive orders or other backdoor methods. A favorable ruling will also aid those challenging state laws that equate gender identity to sex, such as Proposition 1 that recently passed in New York.
The disdain for the transgender agenda crosses all races, ethnicities, and party lines. The Blueprint2024.com’s post-mortem poll shows that swing voters ranked Kamala Harris’ stance on cultural issues – transgenderism in particular – as the third most factor in their decision to vote for Donald Trump. The red wave finally arrived, in large part because parents like me – life-long Democrats who lost or fear losing their children to the transgender movement – voted for Trump. The Trump administration must take advantage of a conservative court that will restore sanity and reestablish that a belief about “gender” is not a suspect classification, that gender identity does not trump immutable, and that gender identity is not an immutable characteristic.
Republished with permission from Our Duty.
Nice write-up on a potentially landmark case that could deal a serious blow to the forces of evil behind the Gender Cult. I mean, if sanity can't prevail with this court and its six conservative justices, I don't know what to say.
For me it will be a bit of a family affair on the steps of the Supreme Court tomorrow. My son Matt Walsh, whose expose of the Vanderbilt child butchery department was instrumental in passing the Tennessee legislation at issue before the court, will be speaking to a rally organized by my daughter Beth Serio, who is the External Relations Manager for the child advocacy organization Do No Harm.
I’m glad to hear from a lifelong Democrat who recognizes the reality that the Democrats have abandoned our children, and also many of the principles that made many people Democrats in the first place.