In oral arguments, Supreme Court Justices discussed the high-profile, unique case involving transgender medical treatment of children.
Tennessee Attorney General Jonathan Skrmetti, the lawmaker at the center of the lawsuit against the Biden administration, told Fox News Digital that the justices will be “thinking a lot about the case” in the coming months.
When asked if he ever envisioned himself taking on such a high-profile legal matter, he said “not remotely.”
“I think the fact that there is so much disagreement weighs in our favor,” Skrmetti said in a telephone interview. “This is an area where the court really shouldn’t step in and pick a winner. The data is still very underdeveloped.”
Activists hold a rally outside the Supreme Court building in Washington, DC, as the court hears oral arguments in the transgender treatment case Skrmetti vs. USA on December 4, 2024. (Fox News digital)
“All the investigations pointed out by both sides are unresolved,” Skrmetti said. “This is an uncertain area of science, and in situations like this, the best way to resolve it is through the democratic process. Our legislators are appointing people to deal with that uncertainty and making calls to each individual state.”
The justices appeared divided after oral arguments on Wednesday, with the three appointed by the former President Trump could be the key to solving the socially divisive issue. Justices Brett Kavanaugh and Amy Coney Barrett asked tough questions of both sides, and Justice Neil Gorsuch did not speak during the marathon public hearing.
The Supreme Court, in turn, is examining whether the Equal Protection Clause, which guarantees equal treatment under the law for similarly situated individuals, prohibits states from prohibiting medical providers from administering puberty blockers and hormones to help minors transition to another gender. The thing is US v Skrmetti and is challenging The state of Tennessee law banning medical procedures for minors.
Outside the court, hundreds of protesters gathered both for and against gender transition treatments for children. One of those protesters, detransitioner and activist Chloe Cole, told Fox News Digital in an interview that if the judges opposing the ban on transmedical treatments, “it’s going to make things a lot more difficult legislatively when it comes to protecting our children and our young people.”
Detransitioner and activist Chloe Cole outside the Supreme Court building during oral arguments in Skrmetti vs. USA case on December 4, 2024. (Fox News digital)
“If we want to set a precedent for other states to first enforce this law in the courts and for other states to enforce it as well, we need to do it now,” Cole said.
Cole, who transitioned at age 16, told Fox News Digital that doctors did her an “incredible disservice” at a young age by helping her transition in the first place.
“I will never even have the opportunity to nurture my children with what God has given me,” Cole said. “These irresponsible doctors have done me an incredible disservice. They knew better than to do this to a child. They chose to do it anyway. But they messed with the wrong child, and I’m going to make sure there is never another child in America who is abused in the same way I was.”
The court’s decision could have far-reaching consequences and potentially shape future legal battles over transgender issues such as access to restrooms and participation in school sports. A decision is expected in July 2025.
“So if the court puts a thumb on the scale and says the courts could second-guess state governments on these issues, I think you’re going to see an inhibited debate, and we’ve seen this happen before in other contexts. where democracy is undermined by judges who step a little too far into the policy arena, and that ultimately hurts the country,” Skrmetti said.
“It delegitimizes the government,” he added. ‘It makes people feel alienated from the world political process. The alternative is that it remains open to our democratic system for resolving disagreements, and you will see a lot of debate, and different states will move in different directions, and over time we will have better research, and people will have a chance. to debate this at length, and that is simply the better way to reach a solution on such a topical issue, on which the Constitution is silent.”
The justices’ decision could also impact broader debates over whether sexual orientation and gender identity qualify as protected classes under civil rights laws, similar to protections for race and national origin.
HIGH COURT WEIGHS TRANSGENDER YOUTH TREATMENTS IN LANDMARK CASE
A court sketch shows the United States Supreme Court hearing oral arguments on the right to abortion on Wednesday, April 24, 2024. (William J Hennessy Jr.)
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When asked if Skrmetti believes the incoming Trump administration “It is ultimately up to the court how they want to deal with it.” Trump promised during his campaign that he would ban transgender medical procedures for minors and open the door for individuals to sue medical providers for performing them.
“But there is a path for them to pursue this, and I think it’s important that we get clarity quickly because there are so many cases involving these issues, and the lower courts have not been consistent and are looking for guidance, and it would benefit everyone to get a clearer answer on the state of the law,” he said.
Shannon Bream and Bill Mears of Fox News Digital contributed to this report.
