The Biden Administration has a new and unhinged constitutional theory: the 14th Amendment protects the right of a child to take puberty blockers.
Bans on hormone treatments for children with gender dysphoria, such as the prescription of testosterone to a transgender 12 year-old, violate the 14th Amendment's equal protection clause.
That's the Administration's position in LW v. Skrmetti, a lawsuit filed in a Nashville, Tennessee federal court by the families of three transgender children - a fifteen year-old transgender daughter, a fifteen year-old transgender son, and a twelve year-old transgender son.
The families of these transgender kids allege that the Tennessee law violates the 14th Amendment's equal protection clause by targeting the transgender; violates the right of parental autonomy guaranteed by the 14th Amendment's due process clause; and that the law is preempted by the Affordable Care Act, which prohibits discrimination "On the basis of sex."
What is this medical care? The 15 year-old transgender "Girl" - born a male - is currently undergoing estrogen hormone therapy so that his body will "Undergo feminine pubertal changes." The 15 year-old transgender "Boy" who was born a girl came out as transgender around the 5th grade.
The 12 year-old transgender "Boy" - born a female - was diagnosed with gender dysphoria in the second grade, when she then began her transition.
The young girl's mom was also a key factor in the biological changes endured by her daughter, having influenced the girl's decision to start taking puberty blockers.
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