We applaud the General Assembly’s efforts in protecting children and banning the practice of child mutilation in the state of Tennessee. And we are thankful that for now, the Sixth Circuit Court of Appeals has upheld a state legislature’s sovereign power to enact such laws. This is how elected representation should work.
However, upon looking beyond the surface and a bit deeper into the court’s decision, we find it very concerning that all of this is predicated on the FDA and its silence on this issue. In other words, the moment the FDA may approve surgeries and puberty blockers as a legitimate form of medical care for transgender patients, then we are back to square one. And perhaps at that point, the court might rethink its “states rights” stance on allowing this legislation to stand. This court decision, while a temporary win to protect children, is built on a foundation of sand. Instead of proclaiming the created order and declaring the truth of our humanity in the way we are created, men and women, the court simply finds no compulsion to act because the FDA has not yet “lent their credibility” to these types of treatments. This should be concerning.
