A coalition of 23 states, led by Missouri Attorney General Andrew Bailey, has filed an amicus brief with the Supreme Court challenging the safety and efficacy of surgical gender transition procedures, particularly for minors. This move comes amidst intense debate surrounding these procedures, with many states enacting restrictions and prosecuting doctors who perform them, while others are pushing for broad access.
The amicus brief, filed on Monday, specifically targets rulings by the Fourth Circuit Court of Appeals that mandated North Carolina and West Virginia to provide transgender treatments, including surgical procedures. The court argued that denying access to these treatments violated the 14th Amendment’s Equal Protection Clause. However, the states challenging these rulings contend that the science surrounding gender transition interventions is still developing and lacks sufficient evidence to prove their safety.
The brief states that the World Health Organization classified transgender identity as a mental health disorder until just five years ago, highlighting the rapid changes in understanding and the need for further research. It also points to concerns raised by several European countries, including the United Kingdom, France, Finland, Norway, and Sweden, which have expressed reservations about the potential risks of these treatments outweighing the benefits. Finland, for instance, has labeled these interventions for minors as “experimental” and recommends focusing on “talking therapy” or counseling instead.
The amicus brief also cites an article from the Economist published in April 2023 that stated there is a broad consensus among experts that the evidence for the safety and effectiveness of these treatments is lacking.
This legal challenge highlights the growing national debate surrounding transgender rights and the medical interventions available to individuals who identify as transgender. The outcome of this case could have significant implications for access to these procedures across the country, particularly for minors.
