Wednesday, June 18
Today the United States Supreme Court upheld a Tennessee law prohibiting sex transition treatments for minors. Its decision in United States v. Skrmetti not only protects children from risky, life-altering medical procedures but also affirms the prerogative of state legislatures, as the people’s elected representatives, to enact such laws without undue judicial interference.
Citizens for Self-Governance, a 501(c)(3) organization dedicated to preserving self-governance and restoring the rule of law, submitted a friend-of-the-court brief in the case last October.
In its brief, available here, CSG urged the High Court to refrain from intruding upon a sphere of policymaking reserved to the states and from second-guessing “reasoned decisions of elected lawmakers that lack any evidence of prejudice or animus toward any person.” CSG argued, “Our Constitution sets a number of limitations upon the states’ policymaking authority. So long as they do not transgress those limitations, however, the states’ elected legislators must remain free to enact the policies they deem wisest and most reflective of the will of their constituents.
The Court’s decision was entirely consistent with these arguments.
Writing for the Court, Justice Roberts explained that the Court’s role is not to judge the wisdom, fairness or logic of a law, but only to ensure that it does not violate the Constitution. “Having concluded it does not, we leave questions regarding its policy to the people, their elected representatives, and the democratic process.”
In a concurring opinion, Justice Thomas emphasized that as long as legislation does not cross constitutional lines, states must have leeway to effect the judgment of their citizens even when self-proclaimed “experts” disagree.
“I am extremely glad to see the Court reject the argument that the Equal Protection Clause somehow precludes state legislatures from enacting common-sense laws that protect children from experimental medical procedures,” said Mark Meckler, President of Citizens for Self-Governance. “This decision is good for children and families, and it is a strong validation of the principles of federalism and separation of powers that our organization is working to restore.”
