• The Sixth Circuit’s decision last week to authorize a ban on sex reassignment procedures for minors in Tennessee suggests the issue could soon reach the Supreme Court.
• Sarah Parshall-Perry, senior legal researcher at Heritage, said of the many pending cases against such a ban, if another circuit reached a different conclusion than the Sixth Circuit, “on a motion for emergency appeal. It will go all the way to the Supreme Court,” he said. The Edwin Mies III Center for Law and Justice Studies told the Daily Caller News Foundation.
• The American Civil Liberties Union has filed lawsuits over child sex reassignment bans in several states, including Texas, Alabama, Idaho, Arkansas, Indiana, Oklahoma, Nebraska, and Kentucky.

A federal appeals court’s decision to allow Tennessee’s child gender reassignment law to take effect could mean that the Supreme Court will soon be asked to consider the issue.

Shortly after midnight on July 8, the Sixth Circuit Court suspended a lower court injunction against the state of Tennessee. Ban About providing children with sex reassignment surgery, puberty blockers, heterosexual hormones, and “any drug or device” intended for the same purpose. Sarah Parshall Perry, Senior Legal Fellow at Heritage’s Edwin Meath III Center for Legal and Judicial Studies, amid lawsuits across the country challenging similar bans, and multiple cases currently being appealed in the Circuit Court “There is no question,” he told the Daily Caller News Foundation. ” The matter would eventually go all the way to the Supreme Court.

“These are emergency motions that require judges to determine whether the state’s interest in protecting the welfare of their child outweighs the parent’s interest in receiving an experimental treatment,” Perry explained. (Related: Federal Court Allows State Governments to Enforce Child Transsexual Bans)

Contrary to the Sixth Circuit decision, if another circuit court held that parents were entitled to “experimental medicines” for their children, it would “be taken to the Supreme Court on emergency appeals.” will be,” Perry said.

The Supreme Court “never recognizes that one’s child has an unfettered right to experimental treatments,” she said.

Gene Hamilton, general counsel and vice president of America First Legal (AFL), told the DCNF that the AFL “has seen other courts follow the Sixth Circuit’s precedent and try to achieve through the courts what they cannot legislate.” I am optimistic that they will reject attempts by the radical left to do so.” ”

“[T]he [Sixth Circuit] The court rightly determined that plaintiffs were unlikely to win their due process and equal protection claims, which were novel and rooted in political activism rather than constitutional,” Hamilton said. . “The Supreme Court has not expanded any of the areas of law covering procedures or treatments equivalent to child genital mutilation or chemical castration, and it will not do so in the absence of an unprecedented courtroom front by the Biden administration. there won’t be.”

The ACLU has filed a lawsuit over a ban on child gender reassignment in Texas. Alabama, Idaho, Arkansas, Indiana, Oklahoma, Nebraska and Kentucky. The Florida ban was also challenged by four families supported by multiple LGBT activist groups.

Tennessee Attorney General Jonathan Sukumetti issued the statement after the Sixth Circuit Court of Appeals granted Tennessee’s emergency motion to stay the preliminary injunction in LW v. Sukumetti. pic.twitter.com/MFNrGrQ9Zv

— TN Attorney General (@AGTennesse) July 8, 2023

President Obama-appointed Judge Jay Moody for the Eastern District of Arkansas overturned the Arkansas law in June. Clinton-appointed Northern District of Florida Judge Robert L. Hinkle also blocked enforcement of Florida’s ban against plaintiffs who filed lawsuits, arguing in his view that “gender identity is real.” A preliminary injunction was granted in June.

Perry told the DCNF that the lawsuit against Florida law will soon be appealed to the 11th Circuit.

Plaintiffs in litigation often quarrel “Gender-affirming care” is “medically necessary” to prevent mental health problems such as anxiety, depression, self-harm, and suicide.

“There is no data to support the fact that this is life-saving medicine,” Perry said, contrary to opinions issued by the Florida and Tennessee trial courts.

“In fact, suicidal thoughts are likely to persist even after these specific hormone treatments and surgical interventions,” Perry told DCNF. “This is one of the great tragedies in the push for gender-change treatment that we’re seeing in federal courts across the country, and that’s behind all of this.”

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