Supreme Court upholds Tennessee’s law protecting minors in United States v. Skrmetti

Diana Furchtgott-Roth Director, Center for Energy, Climate, and Environment and The Herbert and Joyce Morgan Fellow in Energy and Environmental Policy
Diana Furchtgott-Roth Director, Center for Energy, Climate, and Environment and The Herbert and Joyce Morgan Fellow in Energy and Environmental Policy - The Heritage Foundation
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The Supreme Court has delivered a 6-3 decision in the case of United States v. Skrmetti, affirming Tennessee’s law that restricts minors from undergoing surgical procedures and taking medications intended for gender transition. The court found that the law does not breach the Equal Protection Clause of the Fourteenth Amendment and meets rational basis review.

Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, commented on the ruling: “We are fortunate not only that justices on the Supreme Court recognized the right of states to protect their children from hazardous medical procedures, but that the Trump administration reversed the shameful legal posture previously presented in the case by the Biden administration that challenged the state’s right to protect its minor citizens from such perilous and dangerous malpractice by physicians.”

Thomas Jipping, also a senior legal fellow at The Heritage Foundation, expressed his views on state authority: “The American people and their elected representatives, not unelected judges, have the authority to tackle issues like these. Tennessee is making sure that the current fad of gender ideology does not permanently harm children. Because the Constitution does not decide that issue for them, the Supreme Court properly chose to leave it to them.”



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