The Ethics & Religious Liberty Commission (ERLC) has filed an amicus brief in an upcoming Supreme Court case that will assess the constitutionality of a Tennessee law banning gender transition procedures for minors.
The ERLC submitted the brief on October 15 in collaboration with the Tennessee Baptist Mission Board, as reported by Baptist Press.
The case, known as United States v. Skrmetti, involves three transgender teenagers who, with the Biden administration, are suing Tennessee officials to block the enforcement of the ban of gender affirming care. Tennessee Attorney General Jonathan Skrmetti is named as the defendant in this legal matter.
Brent Leatherwood, president of the ERLC, indicated that the amicus brief supporting the Tennessee law could be pivotal in this “monumental” case. He stated, “The Supreme Court’s decision will have a monumental impact on the safety and security of children vulnerable to a harmful gender ideology, not just in the state of Tennessee, but across the nation.”
Leatherwood further emphasized that “harmful procedures like hormone therapy, puberty blockers, and surgery impose lifelong, devastating consequences on their well-being.”
Senate Bill 1 (S.B. 1), the Tennessee law at the center of the dispute, was enacted on March 1, 2023. It prohibits healthcare providers from prescribing medication or performing procedures on minors intended to “transition” them to an identity that opposes their biological sex. Additionally, the law requires doctors to cease all ongoing gender procedures for minors by March 31, 2024.
Following the passage of this legislation, the three transgender teenagers, their parents, and the American Civil Liberties Union (ACLU) filed a lawsuit, asserting that Tennessee violated the Equal Protection Clause and the Due Process Clause of the 14th Amendment. The Biden administration’s Department of Justice has joined the lawsuit, arguing that there is a national interest in preventing the law from being implemented.
The plaintiffs claim that the law intentionally targets transgender individuals, constituting sex-based discrimination that undermines parents' ability to make medical decisions for their children. A ruling on the matter is expected by May or June 2025.
The ERLC noted that the Supreme Court's decision may significantly impact the case, given its relevance to Bostock v. Clayton County, which ruled that the definition of “sex” under Title VII of the Civil Rights Act includes both sexual orientation and gender identity.
Currently, 25 states have laws prohibiting doctors from performing gender transition surgeries and procedures on minors, with New Hampshire set to become the 26th state on January 1, 2025.
