After passing a law banning transgender-related surgeries on minors, The Volunteer State’s year-old law will be heard in a Supreme Court challenge next fall, the high court announced this week.
It could be a landmark case, too, since it establishes the constitutionality of similar laws in 24 other states that ban so-called "gender-affirming care" that involves bold-altering hormones and body-chopping surgeries.
Those state laws have been met with widespread criticism from transgender advocacy groups that argue they are harmful and discriminatory, even though children are involved.
The Court’s current term ends this week. The 2024-2025 term begins in October.
The Tennessee case marks the first time the justices will review the issue of gender-manipulation procedures for minors.
“We have made protecting children a priority,” Tennessee state Rep. Jason Zachary said on Washington Watch Tuesday.
Zachary, first elected in 2016, detailed steps setting abortion restrictions at 48 hours then 20 weeks then a heartbeat bill.
“Then in 2019 we passed the Human Life Protection Act which is the strongest piece of pro-life legislation in the country,” Zachary told show host Tony Perkins. “We have effectively eliminated all elective abortions in Tennessee.”
Tennessee has also passed laws protecting girls’ public spaces and girls’ high school and college sports.
It was time to tackle gender
Gender-manipulation procedures was the next step, Zachary said.
“It’s common sense," he insisted. "We took the steps to protect children from irreversible procedures, gender mutilation procedures and also these harmful drugs they take that keep (girls) from having children. They completely alter their voices and change the dynamics and genetics of the child.”
Zachary recited the long list of decisions Tennessee children can’t make until they reach a certain age, things like gun possession or even getting a tattoo.
“They can’t even buy Sudafed, my goodness, yet the Left wants you to think they’re qualified to make these terrible life-altering gender decisions,” he said.
The Tennessee law, known also as House Bill 1 and Senate Bill 1, passed the legislature with bipartisan support. It was signed by Gov. Bill Lee last March.
The law bans puberty blockers, hormone treatments and transition surgeries for minors. The bill passed 77-16 in the Tennessee House, 26-6 in the Senate.
“We had some colleagues from the other side join us because this is common sense,” Zachary said. “We continue to have these destructive and adversarial policies come out of Washington and come from the Left. Conservative states have to continue to firewall ourselves and protect the people of our states from such destructive policies and these radical agendas that are being pushed by the Left.”
Tennessee takes on drag, too
As Lee signed the bill, the American Civil Liberties Union announced plans for a lawsuit.
Lee at the same time signed Senate Bill 3 which prohibits drag shows on public property and limits them to age-restricted venues.
The Tennessee legislature takes pride in its conservative victories, Zachary said.
“We tackle tough social issues that even some red states don’t like to tackle. We like to go back and forth with Gov. (Ron) DeSantis (of Florida) that sometimes we beat him, and sometimes he beats us. We’re winning on the issue of life in Tennessee. We’re winning now on protecting children from these terrible, horrible procedures,” he said.
Having a Republican super majority, with the governor’s mansion and both chambers of the legislature helps, but there’s a faith component that’s bringing symmetry to the Tennessee legislature right now, Zachary said.
Governing with brothers and sisters in Christ “makes a difference. It’s easy to play the God card in the South. Gov. (Bill) Haslam, the predecessor to Gov. Lee, was a Christ follower. I serve with some people who love the Lord, and this is a calling for us to serve in the state legislature,” Zachary said.
“We recognize as believers the enemy is looking to steal, kill and destroy," the lawmaker said. "We have to do all we can to take the necessary steps to protect our most vulnerable because the enemy is always going to keep coming.”
