The highest profile case of the Supreme Court’s term this year is the “transgender case”, United States v. Skrmetti. The Court has scheduled oral arguments for Tuesday, December 4^th, beginning at 10 a.m. The case is a challenge to Tennessee’s ban on gender transitioning care, such as puberty blockers, cross-sex hormones and gender surgery, on minor children.

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This case has the potential to be as culturally impactful as the Supreme Court’s decisions in Roe v. Wade legalizing abortion, and Obergefell v. Hodges, legalizing same-sex marriage.

That’s because the Skrmetti case in effect could legalize the transgendering of minor children in all 50 states, and open the floodgates to bolder action by transgender activists resulting in tragic consequences for our nation’s children.

This is an urgent call for prayer.

A Brief Background of the Case

In 2023, Tennessee passed a ban on transgender care for minors. The state law went into effect on July 1^, 2023.

The American Civil Liberties Union (ACLU) and Lamda Legal immediately sued the state to stop the ban from going into effect on behalf of their clients, Samantha and Brian Williams and their 15-year-old son who wished to transition to a girl, along with two families with daughters, ages 16 and 13, wishing to transition to boys, and De. Susan Levy.

At the time the Tennessee ban was passed, all three children had received puberty blockers. The two older teens had moved on to cross-sex hormones. This harmful drugging of minor children would cease as a result of the ban.

U.S. District Judge Eli Richardson, a Trump appointee, put the state’s ban on hold. The plaintiffs argued that parents had the right to direct the medical care of their children. In this case the parents were supportive of their children’s desire to transition. (Ironically, parents are losing the right to direct their child’s medical care if they don’t want their children to receive gender transitioning care.)

Plus, the judge stated the ban violates the Constitution’s guarantee of equal treatment for people in similar situations because it prohibits medical procedures for transgender children that other children can receive. (Does that even make sense? What child except those suffering from gender confusion would need this type of care?) Tennessee appealed.

In the Fall of 2023, the U.S. Court of Appeals for the 6^th Circuit reversed the lower court’s ruling reinstating the ban.

The Biden Administration Steps In

Biden’s Department of Justice asked the Supreme Court to review the case under a federal law that allows the government to intervene in private cases alleging violations of the right to equal protection under the law. The DOJ argued that the U.S. has “a vested national interest in preventing the law from taking effect.”

The Supreme Court is asked to decide if a state law that prohibits gender transitioning care to minors violates the Equal Protection Clause of the 14^th Amendment’s on the basis of sex. The Court decided to take up the question of the rights of parents to make healthcare decision for their children without government interference.

In 2020, the Supreme Court ruled 6-3 in Bostock v. Clayton County that Title VII of the 1964 Civil Rights Act (prohibiting discrimination in the workplace on the basis of sex) applies to gay and transgender people. At the time of the ruling, legal scholars admitted that this ruling will have “implications beyond the workplace, and will include rights to equality for LGBT people in healthcare, housing, public accommodations, foster care, and other important settings.” And here we are.

The ACLU is relying on the Bostock precedent to expand the definition of discrimination based on sex to include transgender “healthcare discrimination.”

In June of 2024 the Court agreed to hear the case. Oral arguments are set for this Wednesday, December 4^th.

The Cultural Impact of the Supreme Court’s Decision

Currently, 26 states have laws banning transgender surgeries and treatments on minors. The Supreme Court’s decision will determine if these bans can stay in place or if they are illegal.

If they decide the bans are unconstitutional, every state ban in the nation will be null and void. No law will be allowed to pass in the U.S. that restricts the transgender agenda in any way.

Children and their parents will have no legal protection against this dangerous gender ideology that harms and sterilizes children with devastating, lifelong and irreversible consequences. Confused and immature children simply cannot understand the full impact of this transgender ideology. They (and many parents) are being exploited and duped by the medical and psychiatric establishments, as well as the devil himself.

In addition to medical care, the Supreme Court’s decision could also drastically change our culture with unintended circumstances. For instance, if these bans are declared unconstitutionally discriminatory, this ruling could be the basis for more lawsuits to allow:

• Increasing indoctrination of the LGBTQ agenda in public schools and libraries,
• biological males competing against females in sports and invading female spaces, such as bathrooms, locker rooms, spas, sorority houses and women’s prisons,
• the removal of children by the State from parents who do not support the transgendering of their child.

During oral arguments in the Bostick case, Supreme Court Justice Neil Gorsuch expressed his concern that the Botkin decision could lead to “massive social upheaval.” His words turned out to be prophetic. The Skrmetti decision could well be that tipping point into social upheaval.

But if the Supreme Court decides these bans are constitutional children will be protected from this evil ideology that intends to separate children from God’s good and perfect design for their lives.

Transgender activists will also be shut down finding it difficult to move their agenda forward. Children will then be able to grow out of their confusion naturally without being rushed into irreversible medical intervention. Research shows that 98% of children who claim to be gender confused will choose their biological sex if left alone.

The Attorneys in the Case

The first to present oral arguments will be the Solicitor General’s office on behalf of the Biden Administration. It could be Elizabeth Prelogar, the Solicitor General. But as of this writing this has not been confirmed. She will have 15 minutes.

Chase Strangio, co-director of the American Civil Liberties Union’s LGBTQ & HIV Project, and an openly transgender man, will present argument on behalf of the private plaintiffs for 15 minutes. The ACLU considers Atty. Strangio to be the “nation’s leading expert on the rights of transgender people.” Strangio was also counsel in the Obergefell case.

Tennessee Solicitor General Matthew Rise will then have 30 minutes to defend the law. Tennessee’s Attorney General Jonathan Skrmetti says, “We fought hard to defend Tennessee’s law protecting kids from irreversible gender treatments and secured a thoughtful and well-reasoned opinion from the Sixth Circuit. I look forward to finishing the fight in the United States Supreme Court. This case will bring much-needed clarity to whether the Constitution contains special protections for gender identity,” Skermatti says.

Interest in this case is huge as both sides understand the cultural upheaval the Supreme Court decision will have.

More than 30 friend-of-the-court briefs in support of the plaintiffs were submitted by 20 states; the American Bar Association, NAACP Legal Defense Fund, National Women’s Law Center; the American Academy of Pediatrics and other national and state medical and mental health associations; national and state LGBTQ and civil rights organizations; 164 members of Congress; and more than 30 Republican elected officials and conservative leaders.

Briefs supporting the Tennessee ban have been filed by Alliance Defending Freedom, American Family Association, American College of Pediatrics, American Principles Project, Citizens Defending Freedom, The Ethics and Religious Commission and others.

The Supreme Court decision in U.S. v. Skrmetti is expected in June of 2025.

The Stakes are Huge. Let us Pray

With this case a great spiritual battle is taking place in the heavenlies. I’m asking for all God’s prayer warriors and intercessors to pray for God’s righteousness and truth to prevail and for this evil attack against our children to be soundly defeated. Here are few specific requests.

1. Pray for God’s wisdom to fill the minds and hearts of the Justices and they will have the courage to actively expose and destroy the transgender lies. For rulers are not a terror to good works, but to the evil. Romans 13:3
2. Pray that the Justices will not be intimidated by the Left’s tactics and all such intimidation tactics will backfire. Let no one deceive you with empty words, for because of such things God’s wrath comes on those who are disobedient. Ephesians 5:6
3. Ask God to convict every member of the Supreme Court to honor God’s truth and rule righteously and according to God’s Word. When justice is done, it brings joy to the righteous but terror to evildoers. Proverbs 21:15
4. Pray that the Justices will stand on the Word of God and use biologically accurate pronouns and words when addressing attorneys and in questioning. So God created man in His own image… male and female He created them. Genesis 1:27
5. Pray the Justices will uphold the Tennessee law protecting minors from surgery and procedures that destroy their sexual reproductive system. Pray they rule the ban does not violate the Equal Protection Clause of the U.S. Constitution. This is what the Lord Almighty said: ‘Administer true justice; show mercy and compassion to one another. Zechariah 7:9
6. Pray and decree God’s Genesis Covenant that only biological males and females can procreate, and the Justices will rule transgenderism is not sex discrimination. Then God blessed them and said, “Be fruitful and multiply. Fill the earth and govern it. Genesis 1:28
7. Pray that the Justices will conclude that the text and history of the Equal Protection Clause leaves no room for imposing radical and sexual social contracts on states, such as sex change operations and procedures. Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up. Galatians 6:9
8. Pray for the plaintiffs in this case – the three teenagers, their parents, Dr. Levy and the attorneys – that their blindness and confusion will be lifted and they will see God’s truth. Open their hearts to the holy lessons God would have them learn from this case. But the wisdom that comes from heaven is first of all pure; then peace-loving, considerate, submissive, full of mercy and good fruit, impartial and sincere. James 3:17

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Belinda Brewster analyzes cultural, political, and world events from a biblical worldview. Belinda’s passion is to equip, support, and encourage parents and grandparents who are courageously battling against the spiritual and cultural forces impacting children and grandchildren. Photo Credit: Brad Weaver on Unsplash.