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Earlier in December, the Supreme Court heard the first oral arguments in United States v. Skrmetti, a critical case challenging gender-affirming bans for minors in Tennessee. The case has garnered national attention as it is the first case the Supreme Court has undertaken regarding gender-affirming care and the first time an openly transgender attorney presented a case to the high court. The ruling will have nationwide implications as it can single-handedly decide the fate of gender-affirming care for minors, and potentially adults. Even though the final verdict may not come out until June of 2025, the conservative majority of justices seems poised to uphold the Tennessee ban.1 In what is possibly a harbinger of the US ruling, the United Kingdom announced an indefinite ban on gender-affirming care for minors the week after the oral arguments in this case were heard.2
While the legal arguments in the Skrmetti case hinge on sex discrimination and the Equal Protection Clause of the Fourteenth Amendment, the more fundamental argument centers around the question of what is in the best interest of the minor. I’d like to delve deeper into this question as our responsibility as physicians is to the health and well-being of our patients, not partisan politics.
It is essential that we do not allow our personal views to cloud our ability to objectively analyze scientific data and prohibit individuals from accessing the health care from which they’d benefit. Conversely, we should not allow social pressure and ideologic principles interfere with our ability to challenge and regulate emerging treatments.
The answer to the question, “what is in the best interest of a minor?” is somewhat rhetorical. But in the most basic of senses, minors deserve equal protection under the law, a safe environment, good nutrition, healthcare, and an education. Regardless of our beliefs, we would all probably agree that minors should be protected and cared for but disagree about the ways in which we do so. This discrepancy is painfully evident if you dissect legislation as it pertains to these fundamental rights. It should come as no surprise that legislation is often contradictory.
For example, firearm-related injury is now the leading cause of death among minors in the United States.3 It is a public health crisis no different from childhood obesity or substance abuse in adolescents. Despite this fact, politicians are reluctant, and in many cases, downright defiant, about tightening restrictions on firearms. Yet, it is these same politicians who cite that we must “protect our children,” from beneficial gender-affirming medical interventions.
Most major medical organizations, including the American Academy of Pediatrics, the American Medical Association, and the American College of Obstetricians and Gynecologists, support gender-affirming care for minors. Current research into medical care of minors, which includes puberty blockers, hormone treatments, and in rare cases, surgery, demonstrates improvement in mental health outcomes like depression, anxiety, and suicidal ideation.4
Critics of this type of care of minors often cite small sample sizes, selection bias, and lack of long-term data, which raise concerns about the long-term impacts of these treatments. This apprehension is not entirely unfounded as there are fewer clinical trials and studies gender-affirming care than in other fields of medicine. As with all emerging medical fields, research is needed and gender-affirming care for minors is no exception. It is unlikely bans will enhance larger clinical trials but will instead further isolate these already marginalized individuals.
Unlike in the United Kingdom, the legislators in states with bans in effect seem to have little interest in understanding gender-affirming care in this demographic. Instead, they have imposed penalties on parents who seek this type of care from other states and the providers who treat their children. The most insidious consequence of the Tennessee ban, if upheld, is the federally sanctioned interference in the ability of parents to make health care decisions for their child with a medical provider.
Such a move sets a dangerous precedent for politicians to target other forms of healthcare and other marginalized communities. As the ruling pertains to gender-affirming care, politicians and most attorneys are not well-versed in the medical issues in the field. Nor is it in their purview to be. During oral arguments, the Supreme Court Justices were understandably unfamiliar with the medical nuances of this type of treatment. As someone who has met with various politicians to discuss gender-affirming medicine and surgery for adults, I can say that they have very little knowledge. Therefore, isn’t the argument even stronger to leave medical decisions to parents, providers, and patients rather than uninformed policymakers?
References
1. Cole D et al. CNN. Takeaways from the historic transgender care arguments at the Supreme Court. 2024 Dec 4.
CNN.com/2024/12/04/politics/transgender-care-bans-scotus-takeaways/index.html.
2. Triggle N. BBC. Puberty blockers for under-18s banned indefinitely. BBC. 2024 Dec 11. BBC.com/news/articles/cly2z0gx3p5o.
3. Wilson RF et al. MMWR Morb Mortal Wkly Rep. 2023;72(5):1338-1345.
4. Coleman E et al. Int J Transgender Health. 2022;23(suppl 1):S1-S259.
Earlier in December, the Supreme Court heard the first oral arguments in United States v. Skrmetti, a critical case challenging gender-affirming bans for minors in Tennessee. The case has garnered national attention as it is the first case the Supreme Court has undertaken regarding gender-affirming care and the first time an openly transgender attorney presented a case to the high court. The ruling will have nationwide implications as it can single-handedly decide the fate of gender-affirming care for minors, and potentially adults. Even though the final verdict may not come out until June of 2025, the conservative majority of justices seems poised to uphold the Tennessee ban.1 In what is possibly a harbinger of the US ruling, the United Kingdom announced an indefinite ban on gender-affirming care for minors the week after the oral arguments in this case were heard.2
While the legal arguments in the Skrmetti case hinge on sex discrimination and the Equal Protection Clause of the Fourteenth Amendment, the more fundamental argument centers around the question of what is in the best interest of the minor. I’d like to delve deeper into this question as our responsibility as physicians is to the health and well-being of our patients, not partisan politics.
It is essential that we do not allow our personal views to cloud our ability to objectively analyze scientific data and prohibit individuals from accessing the health care from which they’d benefit. Conversely, we should not allow social pressure and ideologic principles interfere with our ability to challenge and regulate emerging treatments.
The answer to the question, “what is in the best interest of a minor?” is somewhat rhetorical. But in the most basic of senses, minors deserve equal protection under the law, a safe environment, good nutrition, healthcare, and an education. Regardless of our beliefs, we would all probably agree that minors should be protected and cared for but disagree about the ways in which we do so. This discrepancy is painfully evident if you dissect legislation as it pertains to these fundamental rights. It should come as no surprise that legislation is often contradictory.
For example, firearm-related injury is now the leading cause of death among minors in the United States.3 It is a public health crisis no different from childhood obesity or substance abuse in adolescents. Despite this fact, politicians are reluctant, and in many cases, downright defiant, about tightening restrictions on firearms. Yet, it is these same politicians who cite that we must “protect our children,” from beneficial gender-affirming medical interventions.
Most major medical organizations, including the American Academy of Pediatrics, the American Medical Association, and the American College of Obstetricians and Gynecologists, support gender-affirming care for minors. Current research into medical care of minors, which includes puberty blockers, hormone treatments, and in rare cases, surgery, demonstrates improvement in mental health outcomes like depression, anxiety, and suicidal ideation.4
Critics of this type of care of minors often cite small sample sizes, selection bias, and lack of long-term data, which raise concerns about the long-term impacts of these treatments. This apprehension is not entirely unfounded as there are fewer clinical trials and studies gender-affirming care than in other fields of medicine. As with all emerging medical fields, research is needed and gender-affirming care for minors is no exception. It is unlikely bans will enhance larger clinical trials but will instead further isolate these already marginalized individuals.
Unlike in the United Kingdom, the legislators in states with bans in effect seem to have little interest in understanding gender-affirming care in this demographic. Instead, they have imposed penalties on parents who seek this type of care from other states and the providers who treat their children. The most insidious consequence of the Tennessee ban, if upheld, is the federally sanctioned interference in the ability of parents to make health care decisions for their child with a medical provider.
Such a move sets a dangerous precedent for politicians to target other forms of healthcare and other marginalized communities. As the ruling pertains to gender-affirming care, politicians and most attorneys are not well-versed in the medical issues in the field. Nor is it in their purview to be. During oral arguments, the Supreme Court Justices were understandably unfamiliar with the medical nuances of this type of treatment. As someone who has met with various politicians to discuss gender-affirming medicine and surgery for adults, I can say that they have very little knowledge. Therefore, isn’t the argument even stronger to leave medical decisions to parents, providers, and patients rather than uninformed policymakers?
References
1. Cole D et al. CNN. Takeaways from the historic transgender care arguments at the Supreme Court. 2024 Dec 4.
CNN.com/2024/12/04/politics/transgender-care-bans-scotus-takeaways/index.html.
2. Triggle N. BBC. Puberty blockers for under-18s banned indefinitely. BBC. 2024 Dec 11. BBC.com/news/articles/cly2z0gx3p5o.
3. Wilson RF et al. MMWR Morb Mortal Wkly Rep. 2023;72(5):1338-1345.
4. Coleman E et al. Int J Transgender Health. 2022;23(suppl 1):S1-S259.
Earlier in December, the Supreme Court heard the first oral arguments in United States v. Skrmetti, a critical case challenging gender-affirming bans for minors in Tennessee. The case has garnered national attention as it is the first case the Supreme Court has undertaken regarding gender-affirming care and the first time an openly transgender attorney presented a case to the high court. The ruling will have nationwide implications as it can single-handedly decide the fate of gender-affirming care for minors, and potentially adults. Even though the final verdict may not come out until June of 2025, the conservative majority of justices seems poised to uphold the Tennessee ban.1 In what is possibly a harbinger of the US ruling, the United Kingdom announced an indefinite ban on gender-affirming care for minors the week after the oral arguments in this case were heard.2
While the legal arguments in the Skrmetti case hinge on sex discrimination and the Equal Protection Clause of the Fourteenth Amendment, the more fundamental argument centers around the question of what is in the best interest of the minor. I’d like to delve deeper into this question as our responsibility as physicians is to the health and well-being of our patients, not partisan politics.
It is essential that we do not allow our personal views to cloud our ability to objectively analyze scientific data and prohibit individuals from accessing the health care from which they’d benefit. Conversely, we should not allow social pressure and ideologic principles interfere with our ability to challenge and regulate emerging treatments.
The answer to the question, “what is in the best interest of a minor?” is somewhat rhetorical. But in the most basic of senses, minors deserve equal protection under the law, a safe environment, good nutrition, healthcare, and an education. Regardless of our beliefs, we would all probably agree that minors should be protected and cared for but disagree about the ways in which we do so. This discrepancy is painfully evident if you dissect legislation as it pertains to these fundamental rights. It should come as no surprise that legislation is often contradictory.
For example, firearm-related injury is now the leading cause of death among minors in the United States.3 It is a public health crisis no different from childhood obesity or substance abuse in adolescents. Despite this fact, politicians are reluctant, and in many cases, downright defiant, about tightening restrictions on firearms. Yet, it is these same politicians who cite that we must “protect our children,” from beneficial gender-affirming medical interventions.
Most major medical organizations, including the American Academy of Pediatrics, the American Medical Association, and the American College of Obstetricians and Gynecologists, support gender-affirming care for minors. Current research into medical care of minors, which includes puberty blockers, hormone treatments, and in rare cases, surgery, demonstrates improvement in mental health outcomes like depression, anxiety, and suicidal ideation.4
Critics of this type of care of minors often cite small sample sizes, selection bias, and lack of long-term data, which raise concerns about the long-term impacts of these treatments. This apprehension is not entirely unfounded as there are fewer clinical trials and studies gender-affirming care than in other fields of medicine. As with all emerging medical fields, research is needed and gender-affirming care for minors is no exception. It is unlikely bans will enhance larger clinical trials but will instead further isolate these already marginalized individuals.
Unlike in the United Kingdom, the legislators in states with bans in effect seem to have little interest in understanding gender-affirming care in this demographic. Instead, they have imposed penalties on parents who seek this type of care from other states and the providers who treat their children. The most insidious consequence of the Tennessee ban, if upheld, is the federally sanctioned interference in the ability of parents to make health care decisions for their child with a medical provider.
Such a move sets a dangerous precedent for politicians to target other forms of healthcare and other marginalized communities. As the ruling pertains to gender-affirming care, politicians and most attorneys are not well-versed in the medical issues in the field. Nor is it in their purview to be. During oral arguments, the Supreme Court Justices were understandably unfamiliar with the medical nuances of this type of treatment. As someone who has met with various politicians to discuss gender-affirming medicine and surgery for adults, I can say that they have very little knowledge. Therefore, isn’t the argument even stronger to leave medical decisions to parents, providers, and patients rather than uninformed policymakers?
References
1. Cole D et al. CNN. Takeaways from the historic transgender care arguments at the Supreme Court. 2024 Dec 4.
CNN.com/2024/12/04/politics/transgender-care-bans-scotus-takeaways/index.html.
2. Triggle N. BBC. Puberty blockers for under-18s banned indefinitely. BBC. 2024 Dec 11. BBC.com/news/articles/cly2z0gx3p5o.
3. Wilson RF et al. MMWR Morb Mortal Wkly Rep. 2023;72(5):1338-1345.
4. Coleman E et al. Int J Transgender Health. 2022;23(suppl 1):S1-S259.