FAIR News: U.S. v. Skrmetti Amicus Brief
Newsletter
Dear Friends of FAIR,
We are pleased to announce that FAIR has filed an amicus brief supporting the Respondents in the upcoming Supreme Court case, U.S. v. Skrmetti, which challenges a Tennessee law banning the provision of "gender-affirming" medical treatment for minors. The Petitioners have asked the Court to strike down the law as unconstitutionally discriminatory, arguing that transgender status constitutes a "quasi-suspect class" deserving heightened judicial review and that Tennessee does not have the right to ban specific medical treatments within the state.
The Respondents contend that the state's ban does not violate the Equal Protection Clause and that Tennessee is within its rights to prohibit medical care it deems harmful to its residents.
FAIR's Amicus Brief Highlights Two Key Arguments:
Subjective Classifications and the Rule of Law: We argue that subjective classifications like "gender identity" are untenable within the framework of the rule of law and should not receive heightened judicial scrutiny as a quasi-suspect class. Without granting "gender identity" this status, the ban on gender-affirming care withstands constitutional scrutiny because it does not constitute an Equal Protection violation.
Discrimination Against Gay and Lesbian Youth: We assert that the current practice of "gender-affirming" medicine discriminates against gay and lesbian children, who are often gender-nonconforming and may suffer from internalized homophobia. Historically, safeguards existed to protect these individuals from wrongful transition, but these have been removed without empirical support, showing deliberate indifference toward the risk of harm to gay and lesbian youth.
FAIR's Interest in the Case
A central principle of FAIR's vision is the belief that objective truth exists and is discoverable. We maintain that sex is binary and should not be conflated with "gender identity," a concept based on subjective feelings rather than evidence-based science or objective reality. Our brief aims to assist the Court by emphasizing the importance of distinguishing between biological sex and subjective gender identity in the law. Recognizing this distinction is crucial for protecting individual rights, as failure to do so inherently erodes certain sex-based rights. Therefore, FAIR opposes granting quasi-suspect status to transgender status or gender identity, as it would create conceptual disorder and violate the principles of the rule of law in judicial interpretation.
We are committed to fostering open and civil discourse and highlighting the need for open inquiry and viewpoint diversity, especially in scientific and medical research. Protecting children is of utmost importance, and this cannot be upheld unless healthcare professionals are free to explore, debate, and challenge ideas in the pursuit of objective truth. Advancing the highest ethical standards in medical practice is among FAIR's top priorities. We believe that "gender-affirming" medical treatments have been hastily promoted for children based on inadequate and incomplete research that has not undergone rigorous scientific scrutiny. Accordingly, we support the Respondents' decision to ban such treatments as a matter of public policy.
FAIR filed its brief alongside Genspect, and clinical psychologist and psychoanalyst, Joseph Burgo, PhD. Our brief was written and coordinated by FAIR Network Attorney and international human rights lawyer, Mitra Forouhar.
More than 50 amicus briefs have been filed in this case, and the Court is set to hear oral arguments on December 4, 2024. You can read FAIR’s brief in full here.
Warmly,
The Team at FAIR
At the 19th annual Philip Merrill Award for Outstanding Contributions to Liberal Arts Education, FAIR’s Executive Director Monica Harris gave tribute to FAIR Advisory Board member and the former president of the ACLU, Nadine Strossen.
In an era consumed with fear, anger, and vitriol, Nadine’s voice holds exceptional power. The daughter of a Holocaust survivor who passionately defends the rights of people who would wish her harm and even reject her very existence, who contends that the best way to resist hate and promote equality isn’t through censorship, but vigorous counter-speech and activism. Imagine for a moment the extraordinary confidence this requires – not only in the power of free speech, but also in the enduring moral compass of humans who are afforded this right. She believes in all of us and what we are capable of. - Monica Harris
FAIR is thrilled to welcome back Robert Pondiscio to our Advisory Board. Robert is a senior fellow at the American Enterprise Institute. Before joining AEI, Mr. Pondiscio was a policy analyst and education reform expert at the Thomas B. Fordham Institute, an education policy think tank. He previously worked for the Core Knowledge Foundation and served as an advisor and civics teacher at Democracy Prep Public Schools. Before his career in education, he worked in journalism for 20 years, including in senior positions at Time and BusinessWeek. Pondiscio is an accomplished author and speaker, and we are so glad he has decided to join us at FAIR.
This month, FAIR sent a letter to Ontario Minister of Education Jill Dunlop and Ontario Premier Doug Ford outlining concerns about gender ideology in the classroom, including keeping secrets from parents, compelled pronoun usage, and forced celebration of others’ gender identities.
Uncensored Stories: FAIR in Los Angeles
Join us Saturday, November 2nd from 4-7 PM in the Pacific Palisades for an unforgettable evening of powerful storytelling where bold voices take the stage. Uncensored Stories: FAIR in Los Angeles brings together filmmakers and other freethinking artists who have been pushing boundaries, sharing work that challenges conventions and celebrates creative freedom. In a time when many feel silenced, these artists are here to speak the truth—loud and clear. This event will include performances, conversations, and food & drink with FAIR leadership.
Uncensored Stories: FAIR in NYC
Join us Wednesday, November 13th from 7-10 PM in Upper Manhattan for an inspiring evening where silenced voices will be heard and storytellers will remind us of the importance of fighting to reclaim the arts and culture. Throughout the night, you’ll hear from fearless artists who will share their projects and their journeys that reflect a courageous commitment to artistic expression. This is an opportunity to see firsthand the impact of supporting uncensored voices in a space dedicated to free speech. This event will include performances, conversations, and food & drink with FAIR leadership.
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Thank you!
This brief was amazing.