In March 2023, Tennessee Gov. Bill Lee signed SB1, which prohibits minors from receiving puberty blockers, cross-sex hormones or undergoing gender surgeries. However, LGBT activists filed a lawsuit against the legislation, which escalated to the 6th Circuit Court of Appeals. In September, a three-judge panel upheld the law and cited evidence of harmful effects linked to puberty blockers. But the Biden administration subsequently appealed the ruling and brought the case to the highest court.
Marshall then presented new evidence that was uncovered during Alabama's legal defense of a similar law prohibiting gender transition for minors on Oct. 15.
The evidence suggested that federal officials, including Department of Health and Human Services (HHS) Secretary Richard "Rachel" Levine, pressured medical organizations to expedite the approval of guidelines supporting gender transition procedures without age restrictions. Emails revealed that these guidelines were intended to pressure insurance companies into covering the procedures by labeling them as "medically necessary." (Related: MUTILATED TODDLERS: Biden administration pushing for age limits to be dropped from transgender surgery guidelines.)
"Internal documents from the federal government and radical advocacy groups showed that the Biden-Harris administration, 'social justice lawyers,' and self-appointed medical 'experts' manipulated medical guidelines for convincing courts to abolish age limits for sterilizing chemical [drugs] and surgeries for kids," said Marshall.
"It is no wonder the Department of Justice fought so hard to shut down discovery in Alabama's case. The administration secretly helped craft these purportedly 'evidence-based' guidelines and knew there was precious little evidence behind them, but still told courts to defer to them."
Marshall urged the Supreme Court to reject the arguments of the Biden administration and uphold state rights. "We ask the Supreme Court to reject the administration's cynical argument that the Constitution now mandates States like Alabama and Tennessee use those guidelines to harm children," he said.
Advocacy groups, medical organizations also file amicus briefs to support SB1
Aside from Marshall, other groups also filed amicus briefs in support of Tennessee's SB1 that same day.
The United States Conference of Catholic Bishops (USCCB) filed one, arguing that transgender surgeries are "immoral and contrary to God's will." In its 26-page brief, the USCCB outlines the Catholic Church's long-held stance on the integrity of the human body, drawing on theological, metaphysical and anthropological arguments.
The bishops said human beings are a unity of body and soul and the notion of being "born in the wrong body" contradicts the Church's understanding of human nature. The brief claims that "transgender body manipulation objectifies the body," seeing it as a mistake to be corrected, rather than a sacred creation that must be respected in its God-given form.
Although the USCCB acknowledged the reality of gender dysphoria – a condition where individuals experience discomfort with their biological sex – it still maintains that transgender surgeries do not offer a morally permissible solution.
Advocacy group Partners for Ethical Care also filed an amicus brief on behalf of families who claim their children were coerced into receiving treatments like puberty blockers and cross-sex hormones. The brief highlighted the psychological and physical harm these procedures cause and cited instances of "lifelong injuries." Additionally, the brief underscored the role of social media and peer pressure in influencing young people to identify as transgender.
Another amicus brief was also submitted on behalf of several medical organizations, including the American College of Pediatricians, the Alliance for Hippocratic Medicine and the Catholic Medical Association. These organizations argued in the brief that scientific research indicates that children with gender dysphoria often face significant mental health challenges and adverse childhood experiences. It asserts that the majority of these children naturally resolve their dysphoria during puberty.
However, the brief warns that when minors are placed on puberty blockers and cross-sex hormones, they frequently proceed to irreversible surgical interventions, resulting in lifelong negative consequences. Moreover, the brief contends that SB1 aligns with sound medical practice. Instead of pushing minors toward permanent body-altering procedures, it advocates for addressing the underlying mental health issues while allowing children to experience natural puberty.
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