Like abortion zealots in the past, gender warriors today are trying to use the courts to force on the American people a dangerous agenda that neither they nor their elected representatives want. So far, at least, they are striking out.
More than half the states have enacted laws banning medical interventions such as puberty blockers, cross-sex hormones, and surgery for minors who want to identify as the opposite sex. There’s good reason for doing so. The number of adolescents claiming gender dysphoria is skyrocketing, accompanied by tremendous pressure to blindly follow what the Department of Health and Human Services calls “pediatric medical transition.” Not surprisingly, however, the Food and Drug Administration has not approved drugs for this purpose.
As this trend shot forward, a group of European researchers observed that “virtually nothing is known regarding adolescent-onset gender dysphoria.” A comprehensive report published last year in the United Kingdom described this as “an area of remarkably weak evidence” in which “results of studies are exaggerated or misrepresented.” State legislatures have the constitutional authority to regulate the medical profession—and they’re right to put on the brakes.
This being America, losing in the legislature often means turning to the courts and claiming a constitutional “right” to do this or that. And already, activist groups are recruiting both children and parents to challenge these adolescent sex change bans.
In August 2023, the U.S. Court of Appeals for the Eleventh Circuit upheld Alabama’s ban, and the Sixth Circuit came to the same conclusion regarding Tennessee’s law a month later. The latter decision, L.W. v. Skrmetti, then went before the Supreme Court, which held that Tennessee’s ban did not violate the Constitution.
Two more circuits have now followed suit.