In the case United States v. Skrmetti, Supreme Court Justice Sonia Sotomayor sparked controversy by likening the risks associated with puberty blockers and sex reassignment surgeries for minors to the risks of taking Aspirin. The statement came as the Biden administration challenged Tennessee’s law that bans such medical interventions for transgender minors.
Sotomayor emphasized that all medical treatments carry risks, while critics argue that the potential harms of sex change procedures can be severe, including irreversible physical changes and infertility.
Sotomayor said, “Every medical treatment has a risk — even taking Aspirin. There is always going to be a percentage of the population under any medical treatment that is going to suffer a harm.”
Tennessee Solicitor General Matthew Rice stated, “They cannot eliminate the risk of detransitioners, so it becomes a pure exercise of weighing benefits versus risk. And the question of how many minors have to have their bodies irreparably harmed for unproven benefits is one that is best left to the legislature.”
The case has exposed ongoing debates about transgender care for minors, with many states enacting laws to restrict access to these treatments.
Chief Judge Jeffrey Sutton wrote, “This is a relatively new diagnosis with ever-shifting approaches to care over the last decade or two. Under these circumstances, it is difficult for anyone to be sure about predicting the long-term consequences of abandoning age limits of any sort for these treatments.”
The Supreme Court’s decision could significantly influence future policies on “gender-affirming care” and parental rights.
