The Biden Administration has a new and unhinged constitutional theory: the 14th Amendment protects the right of a child to take puberty blockers. Bans on hormone treatments for children with gender dysphoria, such as the prescription of testosterone to a transgender 12 year-old, violate the 14th Amendment’s equal protection clause.

That’s the Administration’s position in LW v. Skrmetti, a lawsuit filed in a Nashville, Tennessee federal court by the families of three transgender children – a fifteen year-old transgender daughter (who thought he was transgender at age 12), a fifteen year-old transgender son, and a twelve year-old transgender son. They’re challenging a new Tennessee law that “establishes prohibitions related to the performance on minors of certain medical procedures related to gender identity, creates private causes of action for violations, and establishes additional penalties for violations.”

The families of these transgender kids allege that the Tennessee law (1) violates the 14th Amendment’s equal protection clause by targeting the transgender; (2) violates the right of parental autonomy guaranteed by the 14th Amendment’s due process clause; and (3) that the law is preempted by the Affordable Care Act, which prohibits discrimination “on the basis of sex.”

All the children are “currently receiving medical care” that would be prohibited by the recent Tennessee legislation.

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