Are State Laws Limiting Gender Transitioning of Minors Unconstitutional in the Eyes of Biden DOJ?

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Senate Judiciary Committee Ranking Member Lindsey Graham (R-South Carolina) questioned Attorney General Merrick Garland on a letter from the Department of Justice (DOJ) to state attorneys general on state laws prohibiting minors from undergoing medical procedures for gender transition.

In the letter, DOJ’s Civil Rights Division asserts states that have enacted these laws run afoul of the Equal Protection and the Due Process Clauses of the Fourteenth Amendment.

“States have the absolute right to choose to protect minors from such dramatic, life-altering procedures,” said Graham. 

“Four states have passed laws – and more are coming – that regulate gender transition-related medical and surgical interventions on children under the age of 18. The states in question believe that allowing medical procedures on a minor are a life-altering event and it should not be done until you’re older so you can better appreciate what you’re doing.

“I look forward to hearing whether these state laws are constitutional in the eyes of the Biden Justice Department,” concluded Graham.

Graham noted that in many states, including South Carolina, there are age limits to receive a tattoo, but it appears there may not be similar protections regarding gender transition procedures.  

Click here to watch Graham’s questions


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