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Supreme Court Justice Sonia Sotomayor, during oral arguments on Tennessee’s child sex change ban, compared the risks associated with gender-transition procedures for minors to the potential side effects of taking an aspirin.
By yourNEWS Media Newsroom
Supreme Court Justice Sonia Sotomayor drew attention on Wednesday by comparing the risks associated with child sex change procedures to the risks of taking aspirin during oral arguments for a pivotal case regarding Tennessee’s law banning such procedures for minors.
The exchange occurred during a hearing on Tennessee’s 2023 law that prohibits minors from receiving gender-affirming surgeries, cross-sex hormones, and puberty blockers. Tennessee Solicitor General J. Matthew Rice, defending the constitutionality of the law, asked the court, “How many minors have to have their bodies irreparably harmed [from these procedures] for unproven benefits?”
Sotomayor responded, “I’m sorry counselor, every medical treatment has risk — even taking aspirin.”
The Context of the Case
The Tennessee law, which bans medical interventions aimed at altering a minor’s biological sex, has been hotly contested. Proponents of the ban argue that such procedures are experimental and carry significant risks, including irreversible physical and psychological harm. Opponents, however, assert that these treatments are essential for addressing gender dysphoria in minors and are supported by leading medical organizations.
The case has reached the Supreme Court following a ruling by the Sixth Circuit Court of Appeals, which upheld Tennessee’s ban, stating that transgender individuals are not a “politically powerless” group and emphasizing the state’s authority to regulate medical practices.
Sotomayor’s Past Statements in Controversial Cases
Justice Sotomayor’s remarks on Wednesday echo other controversial statements she has made in previous cases. In 2022 oral arguments over the Biden administration’s COVID-19 vaccine mandates, she erroneously claimed that over 100,000 children were hospitalized with COVID, that the Omicron variant was as deadly as Delta, and that COVID-related deaths were at an all-time high. These assertions were later fact-checked and found to be significantly inaccurate.
In the same year, Sotomayor also argued against allowing jurors familiar with FBI crime statistics to participate in capital cases, citing concerns about potential racial bias.
The Stakes in the Current Case
The court’s eventual ruling will have significant implications for similar laws across the country. More than 20 states have enacted legislation restricting gender-related medical procedures for minors, sparking legal battles over parental rights, medical ethics, and state versus federal authority.
Tennessee’s solicitor general emphasized the potential irreversible consequences of allowing such procedures. “These interventions are not minor or temporary; they fundamentally alter a child’s development and future,” Rice argued.
Advocates for gender-affirming care argue that denying these treatments to minors could exacerbate mental health challenges for transgender youth. “The risks of inaction must also be considered,” said a representative for families challenging the law.
Looking Ahead
The Supreme Court’s decision, expected next year, will likely set a nationwide precedent, influencing the balance between medical freedoms, state regulations, and parental rights. With deeply polarized views on both sides, the case underscores the complexities surrounding the evolving legal and medical landscape of gender identity in the United States.
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