Justice Department tells Supreme Court bans on transgender care for minors are constitutional

WASHINGTON – The Justice Department told the Supreme Court on Friday it’s withdrawing the government’s opposition to state laws banning puberty blockers and hormone therapy for minors, reversing the Biden administration’s view that such bans discriminate against transgender people.

"Following the change in Administration, the Department of Justice has reconsidered the United States’ position in this case," Deputy Solicitor General Curtis Gannon wrote in a letter to the court.

Gannon, however, did not ask the justices to dismiss a Tennessee case before the court because a "prompt resolution" of the issue will benefit the many similar challenges pending in the lower courts.

The justices in December heard the Justice Department’s challenge to Tennessee’s ban but have not issued their opinion.

The new position was expected because President Donald Trump made opposition to transgender rights a central theme of his campaign. On his first day in office, Trump signed an executive order declaring that only two sexes, male and female, are recognized by the federal government.

“These sexes are not changeable,” the order states.

In his second week, Trump directed the federal government not to help with gender transitions 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 sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures," Trump wrote.

During the Biden administration, the Justice Department argued Tennessee’s law discriminates against transgender people because a teenager whose sex assigned at birth is male may be given testosterone to treat delayed puberty. But a teenager assigned female at birth who wants testosterone to treat gender dysphoria may not have it.

Tennessee countered that the treatments have different risks and benefits when used by transgender youth, who need to be protected from life-altering consequences.

During December’s oral arguments, a majority of justices seemed inclined to side with Tennessee.

The Justice Department had joined the challenge after it was brought by three families and a Tennessee doctor who treats adolescents with gender dysphoria.

Those parties, who are represented by the American Civil Liberties Union, remain part of the case.

Attorneys for the families condemned the Justice Department’s change of position and said the Trump administration is “using the power of the federal government to target marginalized groups for further discrimination.”

Gender-affirming care for minors is supported by every major medical organization, including the American Medical Association, the American Academy of Pediatrics and the American Psychiatric Association.

When he was running for office, Trump said he would “stop the chemical, physical and emotional mutilation of our youth."

This article originally appeared on USA TODAY: Justice Department reverses position on transgender care for minors