A major case is before the U.S. Supreme Court Justices. It’s taken a strange turn.
Because the SCOTUS received a jolting notice from Trump’s Department of Justice.
Trump’s Justice Department Withdraws Opposition To Tennessee Law Protecting Minors
In a significant shift, the Justice Department informed the Supreme Court on Friday that it was withdrawing its opposition to state laws that ban puberty blockers and hormone therapy for minors. This marks a reversal of the Biden administration’s previous stance, which had argued that such bans were discriminatory against transgender individuals.
The move was communicated through a letter to the Supreme Court, penned by Deputy Solicitor General Curtis Gannon, who explained that the department had reassessed the U.S. position on the issue after the change in administration. Gannon’s letter stated, “Following the change in Administration, the Department of Justice has reconsidered the United States’ position in this case.”
Although the department has shifted its stance, Gannon did not request that the court dismiss the case involving Tennessee’s law. Instead, he argued that a “prompt resolution” would be beneficial in addressing numerous similar challenges that are currently pending in lower courts. This case, involving Tennessee’s law banning gender-affirming treatments for minors, was heard by the Supreme Court in December. The justices have not yet issued a ruling.
The Justice Department’s change of position was anticipated, given that the issue of transgender rights has been deeply politicized, especially in light of previous administration policies. When President Donald Trump was in office, opposition to transgender rights was a prominent feature of his political agenda. On his first day in office, Trump signed an executive order that declared the federal government recognizes only two s*xes — male and female — and that these s*xes are not changeable. The executive order stated, “These s*xes are not changeable.”
Shortly thereafter, in his second week in office, Trump issued a directive to the federal government stating it would not support gender transition procedures for individuals under the age of 19. “It is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one s*x to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures,” Trump wrote at the time.
NEWS: Under Trump, DOJ reverses position on Tennessee ban on puberty blockers & hormones for minors, saying it no longer views law as unconstitutional, but keeps Supreme Court case active. pic.twitter.com/5L1tdpZWYc
— Genspect (@genspect) February 7, 2025
SCOTUS Seems Poised To Defend Tennessee Law Protecting Minors
Under the Biden administration, the Justice Department had argued that Tennessee’s law discriminated against transgender individuals. The argument centered around the difference in how puberty blockers and hormone therapies are administered to teenagers depending on their s*x assigned at birth. For instance, a teenage boy assigned male at birth might be given testosterone to treat delayed puberty, but a teenage girl assigned female at birth who wants testosterone to address gender dysphoria is denied it under the state’s law. The Biden administration asserted that such policies are discriminatory.
Tennessee, however, countered that the treatments present different risks and benefits for transgender youth. The state argued that protecting minors from what it described as “life-altering consequences” justifies the restriction on these treatments. During oral arguments in December, it seemed that a majority of the justices were leaning toward siding with Tennessee’s position.
The case began when three families and a Tennessee doctor who specializes in treating adolescents with gender dysphoria filed a lawsuit against the state’s ban. The American Civil Liberties Union (ACLU) represents these parties, who remain involved in the ongoing case.
The issue of gender-affirming care for minors has garnered strong support from major medical organizations, including the American Medical Association (AMA), the American Academy of Pediatrics (AAP), and the American Psychiatric Association (APA), all of which advocate for access to such care.
Former President Trump’s stance on “transgender youth care” was clear during his campaign, where he vowed to “stop the chemical, physical and emotional mutilation of our youth.” This rhetoric further fueled the ongoing political debate surrounding gender-affirming care, with many states moving to introduce similar bans and restrictions.
The outcome could have vast implications for the healthcare system and the way they approach their care of minors. Surveys suggest that the vast majority of Americans do not believe minors should receive any medication or surgery type “care” just because they say they belong to another gender identification. These same surveys show most Americans do not care what adults over the age of 18 do but that minors need to be protected.
The Trump administration has assured its base that the gender ideologues will be utterly dismantled by the end of his term. The SCOTUS ruling in this case will go a long way to determine whether more executive action or legislative action will be necessary to accomplish that dismantling over the next four years.
🚨 BREAKING: Trump signs Executive Order banning trans surgery for minors in the United States pic.twitter.com/ismxPRhHj1
— Autism Capital 🧩 (@AutismCapital) January 29, 2025
The DC Daily Journal will update you when the Supreme Court rules on this case.
