Tennessee AG optimistic about SCOTUS case after lower court reverses ‘radical gender ideology’
Tennessee Attorney General Jonathan Skrmetti is cautiously optimistic about the future success of a Supreme Court gender case after scoring another legal victory in Kentucky that would reverse the Biden administration’s nationwide Title IX rewritten.
The U.S. District Court for the Eastern District of Kentucky, Northern District, issued its decision in Cardona v. Tennessee on Thursday.
“Every victory we get is another breakthrough in making sure the law embodies what the supporters of the vote thought it meant,” Schemetti told Fox News Digital in an interview on Tuesday.
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A transgender rights supporter attends a rally outside the Supreme Court in Washington in December 2024 to hear arguments in a transgender health rights case. The court is hearing arguments in United States v. Schemetti, a case involving Tennessee’s law banning gender-affirming care for minors and whether the law violates the Constitution’s equal protection guarantee. (Kevin Dickey/Getty Images)
The ruling comes months after Supreme Court Denied an emergency request from the Biden administration to implement parts of the new rules, which include protections for transgender students from discrimination under Title IX.
The sweeping rule, released in April, clarifies Title IX’s prohibition on “sex” discrimination in schools to cover discrimination based on gender identity, sexual orientation and “pregnancy or related conditions.”
The provision takes effect on August 1, 2024, and for the first time the law provides that discrimination on the basis of sex includes conduct related to a person’s gender identity.
“The Biden administration’s Title IX provisions were an overreach, an executive overreach, and we’re glad we were able to stop that,” Schemetti said Tuesday.
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Protesters rally outside the Supreme Court building in Washington, D.C., as justices hear oral arguments (Jack Gruber/USA Today)
Now, he is awaiting the court’s much-anticipated ruling in United States v. Skrmetti, expected in June.
The Supreme Court is weighing whether the Equal Protection Clause, which guarantees equal treatment under the law to similarly situated individuals, would prevent states from banning health care providers from providing puberty blockers and hormone treatments to children seeking gender reassignment surgery.
The American Civil Liberties Union filed a lawsuit on behalf of several transgender minors and their parents challenging a Tennessee law banning transgender therapy for minors. The families argued that the law violated parents’ rights to make medical decisions for their children and forced them to travel out of state to undergo gender reassignment surgeries.
“There does seem to be an almost cultural shift in momentum on these issues,” Schemetti said. “When you see people trying to rewrite the law through creative judgment, creative regulation, that alienates people from the laws that bind them, and that’s not good for America.”
Federal judge rejects Biden administration’s rewrite of Title IX
Demonstrators cheer during a speech program celebrating the 50th anniversary of Title IX during the “Our Bodies, Our Movement” rally at Liberty Plaza in Washington, DC, on June 23, 2022 (Anna Chanmemaker/Getty Images)
Schemetti described the recent developments as part of a broader “atmosphere shift” in the country, noting that they reflected an “important data point” indicating a decline in efforts to reshape U.S. law through “undemocratic” processes. .
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“When the Supreme Court does that, we’ll know what the Supreme Court will do,” he said.
Fox News Digital’s Ryan Gaydos contributed to this report.
