South Dakota can continue restricting radical, experimental transgender medication and procedures for minors, the Supreme Court ruled in a monumental victory for the conservative movement last week.
In United States v. Skrmetti, the US Supreme Court was tasked with determining whether or not bans on “gender-affirming care” for minors violate the Equal Protection Clause of the 14th Amendment by treating boys and girls differently. The case was brought against Tennessee’s Attorney General Jonathan Skrmetti after the state passed a “Help Not Harm” law (SB1), similar to South Dakota’s, in 2023.
The 14th Amendment establishes that states cannot “make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The Biden administration’s Department of Justice and the American Civil Liberties Union (ACLU) argued that bans on “gender affirming care” discriminate against children on the basis of sex. AG Skrmetti argued that the law restricts conduct based on age (18 and younger) and how certain drugs are used – whether minors are seeking the drugs specifically for gender transitions or other medical purposes.
Ultimately, the Supreme Court sided with Tennessee, finding that bans on “gender affirming care” do not violate the 14th Amendment because they do not treat gender dysphoric boys and girls differently; both genders are equally protected from such practices.
“The law does not prohibit conduct for one sex that it permits for the other,” Chief Justice John Roberts wrote in the majority opinion. “Under SB1, no minor may be administered puberty blockers or hormones to treat gender dysphoria, gender identity disorder, or gender incongruence; minors of any sex may be administered puberty blockers or hormones for other purposes.”
This landmark ruling will protect states’ ability to enforce bans on chemical castration, gender mutilation, puberty blockers, and other dangerous surgeries offered to children confused about their gender.
“In today’s historic Supreme Court win, the common sense of Tennessee voters prevailed over judicial activism,” AG Skrmetti wrote following the ruling. “A bipartisan supermajority of Tennessee’s elected representatives carefully considered the evidence and voted to protect kids from irreversible decisions they cannot yet fully understand.”
During the hearing in December, several justices noted recent reports from Sweden, England, and other European countries that have backpedaled on “gender-affirming care” after numerous scientific studies showed the dangers and irreparable harm caused by such procedures and medication. In fact, the British government indefinitely banned puberty blockers as a treatment for minors with gender dysphoria after a report found “an unacceptable safety risk in the continued prescription of puberty blockers to children.”
“The rapid and unexplained rise in the number of kids seeking these life-altering interventions, despite the lack of supporting evidence, calls for careful scrutiny from our elected leaders,” Skrmetti continued. “This victory transcends politics. Today’s landmark decision recognizes that the Constitution lets us fulfill society’s highest calling – protecting our kids.”
