Skrmetti At The Supreme Court: WoLF Legal Arguments Challenge “Gender Affirmation”
WoLF Vice President Margot Heffernan (right) with a member of LGBT Courage Coalition
On Wednesday, December 4th, the U.S. Supreme Court heard oral arguments in U.S. v. Skrmetti. The case centers on the legality of banning puberty blockers, cross-sex hormones, and surgeries for minors seeking "gender affirmation." The massive public attention this case has garnered from all sides shows how important it is to ensure feminist arguments are present in these debates, and WoLF has been on the ground for over ten years, ensuring that happens. Finally, after a decade of dedication, we are seeing greater attention being paid to more rational viewpoints.
Listen to oral arguments here. Read the transcript of the oral arguments here.
WoLF in the Media: Shifting the Narrative
Despite years of a relative media blackout on honest reporting on gender identity from mainstream media, recent news articles in multiple major outlets have highlighted the concerns many feminists have regarding youth transitioning and the broader implications of gender ideology.
Elsepth Cypher, a retired justice on the Supreme Court of Massachusetts, joined WoLF’s legal team this year. She spoke to The Economist about the impact of Skrmetti:
If it goes against Tennessee, the bans may be sent back to lower state courts to be reconsidered under the “heightened scrutiny” standard. But the much bigger implication, says Ms Cypher, is that, as with the Bostock ruling, even if not stated explicitly, it could cause further movement towards treating gender identity as a protected characteristic. Beyond the possibility of more children being given irreversible treatments which they come to regret, this would have the biggest impact on women’s rights, she says, and lead to yet more legal wrangles. “It would become a tie. My biology trumps your internal feelings, and vice versa, and the courts would have to decide.”
The Economist article acknowledged that many who oppose gender identity are “on the political left,” as did a recent article in the Boston Globe:
Maybe you think that Democrats, medical groups, and advocacy organizations are motivated by caring for and protecting LGBTQ+ young people. But the same motivation applies to many gay, lesbian, feminist, and even transsexual adults who are deeply concerned about the American approach to youth gender medicine.
The Globe also recognized the important role of amicus briefs in revealing “a remarkably weak evidence base for treatments the advocates claim are lifesaving and medically necessary.”
WoLF on the Ground: Protests at SCOTUS
As oral arguments in Skrmetti took place last week, protests erupted outside the Supreme Court from groups on both sides. WoLF board members Margot Heffernan and NK Stade were there, along with multiple WoLF Sisters in Action. The anti-gender contingent included a broad coalition of groups, including feminists, LGB organizations, and detransitioners who have been directly harmed by “gender medicine.”
Support WoLF’s Legal Advocacy
WoLF’s legal team strategically submitted amicus briefs in seven key cases this year, in addition to the ground-breaking court case we are leading to protect incarcerated women in California. These cases span WoLF’s focus areas, including protecting women’s spaces, defending professionals who face retaliation for opposing gender identity, and abolishing commercial sexual exploitation.
For over ten years, WoLF has consistently pushed back against gender identity ideology and fought for the preservation of sex-based rights for women and girls. We would not have gotten this far without our generous supporters!
Thanks to our amazing team of pro bono legal volunteers, your 2024 giving will have THREE times the impact on our legal work—your $25 gift can have the power of a $75 gift! Please consider donating this holiday season to help support our upcoming chapter of feminist legal advocacy.
