(Molly Bruns, Headline USA) The 6th Circuit Court of Appeals reversed several injunctions stopping bans on gender transitions for kids in the states of Kentucky and Tennessee.
The court made several arguments against the purported “legal right” of transgender individuals to receive sex-change treatments on demand, citing lack of legal definitions and several health risks, according to journalist (and former Tennessee candidate) Robby Starbuck, who posted a lengthy Twitter thread analyzing the decision.
The 6th Circuit Court decision reversing injunctions that were stopping bans on sex changes for kids from going into effect in Kentucky & Tennessee is 🔥🔥🔥.
This thread has the highlights for you!• The decision notes that transgender people are not a "politically powerless"… pic.twitter.com/3JxB3LK5IA
— Robby Starbuck (@robbystarbuck) September 29, 2023
The judges noted that transgender people were not a constitutionally protected class, as gender dysphoria was not “definitively ascertainable at the moment of birth.”
While the condition may, in some cases, be considered a legitimate mental-health disorder that warrants treatment of some kind, it is for many others a lifestyle choice that they opt into, centered largely around their personal sexual fetishes.
Moreover, defendants in the case, who supported banning the procedures, pointed to the considerable health risks and adverse consequences that went along with forcing that decision onto minors who were more vulnerable and susceptible to outside influence.
Despite the lack of defined legal protections, court reasoned that the transgender cause, on the other hand, is far from vulnerable and voiceless given the advocacy it receives from Biden administration—particularly the Department of Justice, along with several states and leftist organizations.
“Fourteen States have passed laws specifically allowing some of the treatments sought here. Twenty States have joined an amicus brief in support of the plaintiffs. The major medical organizations support the plaintiffs,” the opinion read.
“The only large law firms to make an appearance in the case all entered the controversy in support of the plaintiffs,” it continued. “These are not the hallmarks of a skewed and unfair political process.”
The judges also drew the line between stereotyping and simply noticing biological differences by citing Justice Ruth Bader Ginsburg, an icon of the liberal feminist movement, who once said “biological differences between men and women are enduring.”
One of my favorite parts of the decision is where they note that it’s not stereotyping to recognize biological differences by citing Ruth Bader Ginsburg saying that "biological differences between men and women are enduring" — That’s gotta burn! 🔥🔥🔥 pic.twitter.com/CqQi43GApg
— Robby Starbuck (@robbystarbuck) September 29, 2023
The decision also noted several of the health concerns and irreversible consequences that go along with hormone-replacement therapy, sex-change surgeries and other various forms of bodily mutilation.
“Gender-transitioning procedures often employ FDA-approved drugs for non-approved, “off label” uses,” the opinion read.
“Kentucky and Tennessee decided that such off-label use in this area presents unacceptable dangers,” it added. “… [T]he Constitution does not require these two states to view these treatments the same way as the majority of experts or to simply allow the drugs for all uses simply because the FDA approved them for others.”
It pointed out that European countries are pulling away from using drugs, such as Lupron, for sex change surgeries.
The judges concluded by deriding the lower court for granting an injunction in the first place, along with the institutions that make it so easy for minors to get heavily experimental medical treatments.
