By Jason Cohen
Supreme Court Justice Ketanji Brown Jackson compared child sex-change bans to interracial marriage bans on Wednesday.
Jackson made the remarks during a hearing for United States v. Skrmetti, a case considering whether Tennessee’s law banning medical procedures intended to enable minors to “live as a purported identity inconsistent with the minor’s sex,” violates the 14th Amendment’s Equal Protection Clause. She likened the current issue to the 1967 Loving v. Virginia Supreme Court case that reversed Virginia’s rule barring interracial marriage. (RELATED: Private Footage Reveals Leading Medical Org’s Efforts To ‘Normalize’ Gender Ideology)
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“What was most interesting about the potential comparison to Loving is that in that case everyone seemed to concede up front that a racial classification was being drawn by the statute. That was sort of like the starting point,” Jackson said. “The question was whether it was discriminatory because it applied to both races and it wasn’t necessarily invidious or whatever. But you know, as I read … the case here, you know, the court starts off by saying that Virginia is now one of sixteen states which prohibited and punishes marriages on the basis of racial classifications.”
“And when you look at the structure of that law, it looks in terms of … you can’t do something that is inconsistent with your own characteristics, it’s sort of the same thing,” she continued. “So it’s interesting to me that we now have this different argument. And I wonder whether Virginia could have gotten away with what they did here by just making a classification argument, the way that Tennessee is in this case.”
The Virginia law referenced by Jackson solely banned interracial marriages that involved white individuals, former Chief Justice Earl Warren noted in the court’s decision to strike down the prohibition.
“There can be no question but that Virginia’s miscegenation statutes rest solely upon distinctions drawn according to race,” he wrote, later adding, “The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy.”
The Sixth Circuit Court of Appeals upheld the Tennessee ban in September 2023, concluding that the strictest form of judicial scrutiny did not apply, because transgender individuals are not a “politically powerless” or “immutable” group.
Ketanji Brown Jackson was appointed to the Supreme Court by Joe Biden in 2022. She has expressed controversial views about sex and gender in the past.
In 2022, Ketanji Brown-Jackson said, “I’m not a biologist, I can’t define what a woman is.”
“In KBJ’s view, putting a fertilized egg in a woman for fertility purposes but not doing the same for a man is sex-based discrimination. That is, of course, absurd,” notes Ed Whelan, who used to be a high-ranking lawyer in the Justice Department.
Lawyer Sean Ross Callaghan disagrees with Brown Jackson’s belief that banning child sex changes is discrimination, saying that such bans apply equally to both sexes: “It’s very simple: transsexual-mutilation bans treat male and female children the same. Doctors may sexually mutilate neither male nor female children.”
“Did Justice Ketanji Brown Jackson, who proudly told the world she couldn’t define the term ‘woman,’ really try to say that protecting minors from irreparable mutilation is the same as preventing interracial marriage? Yikes,” says columnist Spencer Brown.
Transgender treatments have significant side effects. A recent study shows 95% of young biological women on testosterone developed pelvic floor dysfunction. The participants had bladder and bowel symptoms that medics would expect to see in a woman after the menopause. The London Telegraph reported, “Around 87 per cent of the participants had urinary symptoms such as incontinence, frequent toilet visits and bed-wetting, while 74 per cent had bowel issues including constipation or being unable to hold stools or wind in. Some 53 per cent suffered from sexual dysfunction.”
An FDA official noted that puberty blockers actually increase the risk of suicide. The Biden administration has promoted the use of puberty blockers for transgender children as part of “gender affirming care,” even though the FDA had earlier publicly warned that puberty blockers can cause brain swelling and permanent vision loss.
Do No Harm, a medical watchdog group, recently published a database that found from 2019 to 2023, 13,994 children in the United States have received sex change-related treatments and 5,747 sex change surgeries had been performed on children. “Medical professionals must provide evidence-based care, not pursue a political agenda,”Dr. Stanley Goldfarb, chairman of Do No Harm, told the DCNF. “We are committed to ending this predatory practice, which is harmful to the thousands of minors whose lives and bodies will never be the same.”
