Biden DOJ: Kids have A Constitutional Right To Puberty Blockers
The Biden Administration is advocating for a new and concerning interpretation of the Constitution, which argues that the 14th Amendment protects the right of a child to take puberty blockers. The Administration is taking this stance in LW v. Skrmetti, a lawsuit filed by the families of three transgender children in Tennessee who are challenging a new law that prohibits certain medical procedures related to gender identity on minors. According to the Biden Administration, this law violates the 14th Amendment's equal protection clause because it targets transgender individuals.
The families of these transgender children allege that the Tennessee law violates their rights in three ways: it violates the 14th Amendment's equal protection clause by targeting transgender individuals, it violates the right of parental autonomy guaranteed by the 14th Amendment's due process clause, and it is preempted by the Affordable Care Act, which prohibits discrimination based on sex. All of the children are currently receiving medical care that would be prohibited by the Tennessee legislation.
The medical care that these children are receiving includes hormone therapy and puberty blockers, which are considered necessary to remedy the effects of gender dysphoria, a medical condition recognized as legitimate by major medical associations in the United States. However, the Tennessee law only prohibits the treatment of gender dysphoria, not all hormone therapy. For example, a male child with a hormone imbalance or a congenital defect may still receive testosterone.
The Biden Administration's objection to the Tennessee law is that the treatment of gender dysphoria cannot be categorically banned, even if lawmakers in a state consider the treatment to be dangerous, ineffective, and ultimately harmful. The Administration argues that the law "threatens irreparable injury" to these children and any other transgender children in Tennessee. According to the Administration, a transgender person should be a protected class, and laws that target the treatment of gender dysphoria should be given intermediate scrutiny by the courts.
However, the Biden Administration's position that one's identification as transgender should elevate them to a protected class similar to gender has not been adopted by the Supreme Court or a majority of federal appeal circuits. If this interpretation were to be accepted, it would cause a significant shift in the law and put numerous state laws banning childhood gender mutilation or the administration of puberty blockers to the young at risk. In other words, the Biden Administration is attempting to circumvent the legislative process.
The Biden Administration's approach to this issue raises several concerns from a conservative perspective. First, it undermines parental autonomy by allowing the government to interfere with a parent's decision-making process regarding their child's medical care. Second, it creates a protected class based on gender identity, which could lead to the erosion of legal protections for biological women, as we have already seen in cases such as the participation of transgender women in women's sports. Third, it encourages the medicalization of gender dysphoria, which may not be in the best interest of children who are struggling with their gender identity.
Furthermore, the Biden Administration's stance on this issue is based on an unhinged constitutional theory that stretches the interpretation of the 14th Amendment beyond what was intended by the Founding Fathers. The 14th Amendment was designed to ensure that all citizens are treated equally under the law, not to create a new protected class based on gender identity. By advocating for this interpretation, the Biden Administration is disregarding the Constitution's original intent and seeking to impose its own agenda on the American people.
