On Wednesday’s broadcast of the Fox News Channel’s “Ingraham Angle,” Tennessee Attorney General Jonathan Skrmetti (R) stated that the argument against Tennessee’s ban on puberty blockers for children that is currently in front of the U.S. Supreme Court that the law violates the Constitution’s Equal Protection Clause because it constitutes sex discrimination doesn’t make sense ” because boys and girls are fundamentally, physically different. Justice Ginsburg recognized that. And so, it’s hard to say that you’re discriminating by not letting boys and girls use each other’s hormones,” and doing so is “just a fundamental reflection of the fact that boys and girls have different physiology. And that’s what we’re fighting against.”
Skrmetti said, “I think this doesn’t fit well into traditional equal protection analysis, because boys and girls are fundamentally, physically different. Justice Ginsburg recognized that. And so, it’s hard to say that you’re discriminating by not letting boys and girls use each other’s hormones, because you’re focused on the harm that is caused by the cross-sex hormones, and it’s not a matter of depriving someone of anything. It’s just a fundamental reflection of the fact that boys and girls have different physiology. And that’s what we’re fighting against.”
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