Latest / Normally / Normally Podcast: The SCOTUS Landmark Ruling on Youth Gender Treatments
Transcript
- 0:04Speaker 1: As far back on.
- 0:05Speaker 2: Normally, the show with normalis takes from when the news
- 0:08Speaker 2: gets weird.
- 0:08Speaker 1: I am Mark.
- 0:09Speaker 3: Havin Ham and I'm Carol Markowitz, and I'm not sure
- 0:12Speaker 3: is this the special episode? It was a special episode yesterday.
- 0:15Speaker 1: We're just doing a lot of special episodes. Is what's happening?
- 0:18Speaker 1: Because we cannot rest. There's no rest allowed.
- 0:22Speaker 3: But yeah, this is our first time having three episodes
- 0:25Speaker 3: in one week. It's been a big news week and
- 0:28Speaker 3: we felt like we couldn't just miss out on commenting
- 0:31Speaker 3: on all of it. So here we are again. The
- 0:34Speaker 3: US Supreme Court today upheld the Tennessee van on youth.
- 0:40Speaker 3: They call it Gender firm and Care. We know it
- 0:43Speaker 3: as access to puberty blockers, hormone treatments, sometimes surgery. It's
- 0:48Speaker 3: called the Scrimmetti ruling, and it came down today, so
- 0:52Speaker 3: we felt like we had to talk about it.
- 0:55Speaker 2: Yeah, and this is based on a twenty twenty three
- 0:58Speaker 2: law in Tennessee. It's called sp BE one that banned
- 1:03Speaker 2: this kind of treatment for transgender children and teens in
- 1:09Speaker 2: the state of Tennessee. It stipulates that you can still
- 1:12Speaker 2: use hormone therapy for people who have precocious puberty, who
- 1:15Speaker 2: people who have stalled out and have other.
- 1:19Speaker 1: Forms of issues.
- 1:21Speaker 2: The question before the court was basically like does this
- 1:26Speaker 2: violate the equal Protection Clause? And with a vote of
- 1:28Speaker 2: six to three, the Justice has decided that it does not.
- 1:33Speaker 2: They said that it did not discriminate based on sex.
- 1:37Speaker 2: They said that transgender was not a suspect or a
- 1:41Speaker 2: semi suspect class that would be those two things would
- 1:45Speaker 2: make it this laws subject to higher levels of scrutinary scrutiny.
- 1:49Speaker 2: And so the interesting thing. Part of the interesting thing
- 1:53Speaker 2: to me too is that Roberts is writing for the
- 1:55Speaker 2: court and to have Roberts just bat down each of
- 1:59Speaker 2: these arguments, so I think that's fairly like more powerful
- 2:03Speaker 2: and more unexpected than coming from someone who you assumed
- 2:07Speaker 2: would be on this side of it. So an interesting,
- 2:11Speaker 2: an interesting win for normalcy. Frankly, Yeah, normal.
- 2:15Speaker 3: Wins today that you know, it doesn't win every day,
- 2:18Speaker 3: but it won today, and it's it's nice to see
- 2:21Speaker 3: it because well, like we talk about on the show
- 2:24Speaker 3: a lot, it's it's tough to find. And I think
- 2:27Speaker 3: that this ruling really puts the Democrats into, uh backs
- 2:33Speaker 3: them into a corner that they are having trouble getting
- 2:37Speaker 3: out of which is their two main issues are extremely
- 2:41Speaker 3: unpopular with the American public. The Washington Post tried to
- 2:44Speaker 3: call this this ruling on a polarizing issue that the
- 2:48Speaker 3: Trump administration has seized on, and Matt Whitlock notes on
- 2:53Speaker 3: X it's actually not polarizing. The Washington Post's own polling
- 2:56Speaker 3: found that overwhelming majority of American support banning sex change
- 3:00Speaker 3: treatments and surgeries for children. The Supreme Court upheld Tennessee's
- 3:04Speaker 3: right to take that popular action.
- 3:06Speaker 2: Wait, and do you know who actually seized upon it?
- 3:10Speaker 2: The Biden administration worked with the transgender teens to bring
- 3:16Speaker 2: this to the Supreme Court. The whole reason it's at
- 3:18Speaker 2: the Supreme Court is because the Biden administration was like, nah,
- 3:21Speaker 2: y'all can't do this. They actually seized upon it. The
- 3:24Speaker 2: Trump administration ended up in this position with it going
- 3:27Speaker 2: to the Supreme Court.
- 3:28Speaker 1: Yeah.
- 3:29Speaker 3: Absolutely, And so also Matt Woodlock points out that the
- 3:33Speaker 3: Post's own polling and he said, he points out, you know,
- 3:36Speaker 3: waypo is obviously not a conservative. Pollster found sixty eight
- 3:40Speaker 3: percent support for banning access to puberty blockers for kids
- 3:43Speaker 3: ten to fourteen and fifty eight percent for banning hormone
- 3:46Speaker 3: treatments for kids fifteen to seventeen. And this was in
- 3:49Speaker 3: twenty twenty two, before this really blew up as an issue,
- 3:52Speaker 3: and those numbers have only gone up since.
- 3:55Speaker 2: A couple of mainstream media headlines, just to add to
- 3:58Speaker 2: your collection breaking this is ap the the Supreme Court
- 4:02Speaker 2: upholds a Tennessee ban on gender affirming care for transgender miners.
- 4:06Speaker 2: In a quote that's not it's actually it's not in quotes.
- 4:08Speaker 2: This is just them in a huge setback for transgender rights.
- 4:14Speaker 2: That's not a fair news headline at all. Another organization
- 4:18Speaker 2: said it authorizes harm for many transgender people in the US.
- 4:27Speaker 2: It's like authorized is harm. They're just dealing with They're
- 4:30Speaker 2: dealing with the question of whether a Tennessee law violates
- 4:33Speaker 2: federal law of the Constitution, and they found that it
- 4:35Speaker 2: doesn't either. That's it right, right anyway? Can you imagine
- 4:40Speaker 2: going back to yourself in twenty twelve and telling yourself
- 4:45Speaker 2: in twenty twelve that in twenty twenty five it would
- 4:49Speaker 2: be a question put before the court whether a state
- 4:54Speaker 2: has the power to say no, under eighteen, you're not
- 4:59Speaker 2: allowed to have sex change surgery and hormones can you imagine.
- 5:03Speaker 3: I just think the world has lost their mind, and
- 5:05Speaker 3: actually not the world, just us, really just us. Most
- 5:09Speaker 3: European countries completely ban again what people call gender firming
- 5:15Speaker 3: care for minors, and it's just it's not acceptable in
- 5:18Speaker 3: so many different places. Belgium, Germany, Italy, Netherlands all have
- 5:23Speaker 3: policies about not allowing this kind of thing, like puberty
- 5:27Speaker 3: blockers and hormone treatments. I believe Denmark recently joined that list.
- 5:33Speaker 3: There's like it is just it's really only America. And
- 5:38Speaker 3: I know I saw you get into it with the
- 5:42Speaker 3: American Academy of Pediatrics today.
- 5:45Speaker 1: Well yeah, yeah.
- 5:47Speaker 2: Their statement is, the American Academy of Pediatric stance firmly
- 5:50Speaker 2: with pediatricians and families making healthcare decisions together and free
- 5:54Speaker 2: from political interference. We remain committed to advancing care that
- 5:57Speaker 2: protects the health, safety, and dignity of all children. And then,
- 6:01Speaker 2: in their tweet, gender affirming care remains evidence based, medically
- 6:05Speaker 2: necessary care that improves the health and well being of
- 6:07Speaker 2: transgender use. That's the part where they're tripping up on. Okay,
- 6:11Speaker 2: American Academy of Pediatrics is determined to be untrustworthy in
- 6:14Speaker 2: anything thorny, or they refuse to be smart, they refuse
- 6:18Speaker 2: to be nuanced, they refuse to look at changing evidence
- 6:21Speaker 2: or evidence at all because they're interested in signaling first.
- 6:25Speaker 2: And what Europe has done is followed the evidence and
- 6:28Speaker 2: they have found this is either not convincing or there's
- 6:31Speaker 2: countervailing evidence that this is actually quite damaging to children,
- 6:35Speaker 2: and so they have cut it out. The American Academy
- 6:38Speaker 2: of Pediatrics is like, nah, this is evidence based, and
- 6:41Speaker 2: the truth is that the data is not there. And
- 6:44Speaker 2: when the data is there, it's either not convincing or
- 6:46Speaker 2: it's the opposite. I mean, it's like goes the opposite direction.
- 6:49Speaker 2: So if they were following the evidence, and if they
- 6:53Speaker 2: were an evidence based organization, which we know from COVID
- 6:56Speaker 2: that they decided not to be, they would come to
- 7:00Speaker 2: and conclusions. And it is I know, I'm not surprised,
- 7:04Speaker 2: but it is discouraging to watch all of these institutions
- 7:07Speaker 2: fail to be smart.
- 7:10Speaker 3: This is your job, yeah, And the fact that they
- 7:13Speaker 3: are such an outlier, like a lot of what we
- 7:16Speaker 3: heard during for example, COVID or in other times when
- 7:20Speaker 3: conservatives are not the majority position, you hear this like, well,
- 7:25Speaker 3: we all agree on this, so you must be wrong
- 7:29Speaker 3: in this case. They do not all agree on it.
- 7:32Speaker 3: They are pushing ahead with this anyway. One interesting note
- 7:37Speaker 3: is that Justice Thomas had a footnote in the ruling
- 7:41Speaker 3: where he points out that Chase Strangio, who is the
- 7:45Speaker 3: co director of the American Civil Liberties Union, and he
- 7:49Speaker 3: was the lawyer who brought this case to the Supreme
- 7:52Speaker 3: Court on the side of wanting Tennessee to overturn their
- 7:56Speaker 3: ban on hormone and other therapies. Thomas points out that
- 8:05Speaker 3: Strangio had conceded that medical treatment actually did nothing to
- 8:11Speaker 3: minimize the risk of suicide and kids who were having
- 8:14Speaker 3: issues with their gender. So it's you know, parents are
- 8:20Speaker 3: lied to that if you don't enforce this, if you
- 8:24Speaker 3: don't support this, your kid could kill themselves. Right. The
- 8:27Speaker 3: whole thing was, you know, would you rather have a
- 8:30Speaker 3: dead girl or a live boy? And it's wrong. And
- 8:35Speaker 3: it's also just wrong on the facts because getting them
- 8:40Speaker 3: hormone blockers and putting them on any kind of treatment
- 8:44Speaker 3: as a child does not actually minimize the risk of suicide.
- 8:48Speaker 2: And just the idea that that kind of advice from
- 8:51Speaker 2: a medical professional is just a wholly emotional Blackmaile, has
- 8:57Speaker 2: nothing to do with the condition of your child, has
- 8:59Speaker 2: nothing to do with the evidence.
- 9:01Speaker 1: We now know.
- 9:02Speaker 2: It's horribly abusive for a provider to talk to parents
- 9:07Speaker 2: that way. It's coercive, it's nasty. It's just like which
- 9:12Speaker 2: doctor stuff. And you should you should not be doing.
- 9:15Speaker 1: That with your patients.
- 9:16Speaker 2: You should be having rational conversations with them about cost
- 9:19Speaker 2: benefit analyses.
- 9:20Speaker 1: But again, as we learned during COVID.
- 9:22Speaker 2: A lot of people capable of doing that. I do
- 9:28Speaker 2: think one of the downsides for the ACLU and transgender
- 9:33Speaker 2: activists and those who align with them about this case
- 9:36Speaker 2: is that it brought forward exactly that it's Strangio and
- 9:39Speaker 2: the ACLU's arguments and.
- 9:41Speaker 1: The data are weak.
- 9:44Speaker 2: There's real week and that was brought to the four
- 9:47Speaker 2: because the Biden administration and Strangio and the ACLU and
- 9:50Speaker 2: all their fellow travelers decided we got to go to
- 9:53Speaker 2: Supreme Court on this. And what they may have ended
- 9:55Speaker 2: up doing is putting down a lot of precedent that
- 9:59Speaker 2: they didn't intend to put down, and they may have
- 10:04Speaker 2: put out a lot of info that gets a lot
- 10:06Speaker 2: more attention that they want it to be getting.
- 10:09Speaker 3: Yeah, this is again going back to the political political
- 10:13Speaker 3: ramifications of it. It's baffling to me that this is
- 10:16Speaker 3: what the Democrats have decided is their key issue and
- 10:20Speaker 3: it's so unpopular with the American people. Look, we've said
- 10:25Speaker 3: it on the show before. Do we think Democrats are
- 10:27Speaker 3: never going to win again? Of course not, of course,
- 10:29Speaker 3: not that you know, there's two political parties in America.
- 10:32Speaker 3: One of them wins some of the time, the other
- 10:34Speaker 3: one wins the other some of the time. And it's
- 10:38Speaker 3: i you know, there's no part of me that thinks
- 10:39Speaker 3: all the Democrats are out of the out of the ballgame.
- 10:42Speaker 3: But the fact is that it's June twenty twenty five,
- 10:46Speaker 3: and their two top issues are making sure that boys
- 10:50Speaker 3: can play in girls' sports and that kids and teens
- 10:54Speaker 3: get you know, hormone blockers and potentially surgery. And their
- 10:59Speaker 3: second issue is protecting the rights of the llegal immigrants
- 11:02Speaker 3: who are in the country without having gotten permission to
- 11:05Speaker 3: be here. And that is the two things that they
- 11:09Speaker 3: seem to care about the most. And it is just again,
- 11:12Speaker 3: I'm sure they'll win again someday, but very very hard
- 11:15Speaker 3: to see that right now.
- 11:17Speaker 1: I don't get it. Again.
- 11:18Speaker 2: This is why I just think they're unable to make
- 11:21Speaker 2: a turn, they're unable to pivot. I think they were
- 11:23Speaker 2: unable to see that Strangio's arguments weren't great. I listened
- 11:28Speaker 2: to the oral arguments and was unimpressed. The briefs had
- 11:32Speaker 2: all sorts of bad information in them for that side
- 11:37Speaker 2: of the case. And Justine Thomas noted in his concurrence
- 11:43Speaker 2: today he said states are never required to substitute expert
- 11:47Speaker 2: opinion for their legislative judgment, and when the experts appear
- 11:50Speaker 2: to have compromised their credibility, it makes good sense to
- 11:52Speaker 2: chart a different course. Courts should not assume that self
- 11:56Speaker 2: described experts are correct, and can we sit to.
- 12:01Speaker 1: Those in the back as we learned during COVID.
- 12:05Speaker 3: Like we should write a book called as we Learned
- 12:07Speaker 3: during COVID, like the AAP.
- 12:11Speaker 2: The people telling you this stuff, even your own provider,
- 12:13Speaker 2: sometimes they are incorrect. Their data is not there. They're
- 12:18Speaker 2: not They're sometimes not familiar with the data and pretend
- 12:21Speaker 2: to be. And it's so this is like a real
- 12:26Speaker 2: blow for sanity, and it's it's funny. I was actually
- 12:30Speaker 2: at a I think I remember vaguely.
- 12:32Speaker 1: It was a children's.
- 12:33Speaker 2: Birthday party in about twenty twelve, and like my friends
- 12:37Speaker 2: and I had just started having kids.
- 12:38Speaker 1: This is like a one year old's birthday party.
- 12:40Speaker 2: And I was standing around with a couple of a
- 12:43Speaker 2: couple of fellow politicos, and the transgender thing had sort
- 12:47Speaker 2: of just started to become part of the conversation and
- 12:52Speaker 2: we can decide whether to bleep this or not.
- 12:54Speaker 1: But I said, you know.
- 12:56Speaker 2: I gotta say, if Democrats decide that penis and are
- 13:00Speaker 2: just not a thing anymore and they mean nothing, I
- 13:03Speaker 2: don't think that.
- 13:04Speaker 1: Will go well for them.
- 13:06Speaker 3: Good call.
- 13:07Speaker 2: And it took many years for that prophecy to come true,
- 13:12Speaker 2: but that was the discussion to day.
- 13:14Speaker 3: But we were far away from the children when I
- 13:16Speaker 3: said this, right, it occurs sometimes they were one.
- 13:22Speaker 1: They were like clear of my influence. At this point,
- 13:24Speaker 1: I have to.
- 13:25Speaker 3: Say that I used to be Again I may have
- 13:28Speaker 3: mentioned this before, but I used to consider myself somebody
- 13:31Speaker 3: that would be considered pro trands. I used all the
- 13:34Speaker 3: pronouns that people would want to use. It really was
- 13:38Speaker 3: them coming for the children that shook me out of it.
- 13:42Speaker 3: And I know, like the path that I took to
- 13:45Speaker 3: get here, I know that like things got crazier and
- 13:48Speaker 3: crazier and crazier. I wrote about it this at one
- 13:51Speaker 3: point that I was banned from a liberal site I
- 13:54Speaker 3: used to comment on because I said that trans people
- 13:57Speaker 3: have to disclose it and that became something unaccepted to stay.
- 14:01Speaker 3: And as they kept pushing the envelope, they lost people
- 14:04Speaker 3: like me who would generally be on the side of
- 14:08Speaker 3: let people do whatever they want and let them live
- 14:10Speaker 3: how they want. But coming for the kids that was
- 14:13Speaker 3: the dividing line for me. For many Americans, we could
- 14:17Speaker 3: look back to a few years ago and this was
- 14:19Speaker 3: not an issue at all until it started coming for
- 14:22Speaker 3: the kids.
- 14:23Speaker 2: Yeah, my two breaking points with it because like at
- 14:26Speaker 2: that particular time, it wasn't really like at.
- 14:29Speaker 1: The forefront of political issues. It had just.
- 14:31Speaker 2: Become something that lefty activists were discussing and so politicos
- 14:35Speaker 2: were interested in that, and I was like, I just
- 14:37Speaker 2: don't think this is going to turn out.
- 14:38Speaker 1: Well, I'm not.
- 14:39Speaker 2: Sure the media and voter is there with them on this,
- 14:43Speaker 2: but yeah, I think I would have been of a
- 14:46Speaker 2: more libertarian bent until the policing of language and the
- 14:52Speaker 2: kid stuff, right, And I believe in our in guys.
- 14:57Speaker 2: In my book, in a discussion is twenty fifteen, shortly after.
- 15:00Speaker 1: This has become a national issue.
- 15:03Speaker 2: Yes, it's still applicable, unfortunately, but an end of discussion.
- 15:07Speaker 2: We noted that when it comes to trans issues, which
- 15:10Speaker 2: is a particularly speech policed area with a lot of
- 15:14Speaker 2: people willing to get you fired for saying the wrong things,
- 15:18Speaker 2: at one point some coalition of trans allies and groups posted,
- 15:23Speaker 2: I believe a monthly if not weekly, update of language
- 15:27Speaker 2: that was okay to use, and we used that to say, hey,
- 15:31Speaker 2: this just seems.
- 15:32Speaker 1: Like a no win situation.
- 15:33Speaker 2: If we're going to go down this path, we can't
- 15:35Speaker 2: do monthly updates to everybody's acceptable language on these issues.
- 15:40Speaker 2: And so those two things combined certainly gave me pause,
- 15:44Speaker 2: and I think have given many, many many people pause.
- 15:47Speaker 3: Yeah, that's definitely a big part of it. Also, teachers
- 15:51Speaker 3: getting in trouble for not using the pronoun that the
- 15:54Speaker 3: teenager made up this week is clearly a huge issue.
- 15:58Speaker 3: Things like that just drove people away from you know
- 16:02Speaker 3: what would have been a non issue not that long ago.
- 16:06Speaker 3: I also like to say, you know, I love that
- 16:08Speaker 3: movie The Crying Game. And when that Crying Game came out,
- 16:12Speaker 3: that movie was seen as a very, very pro trans movie,
- 16:15Speaker 3: a guy falls in love with a trans woman and
- 16:18Speaker 3: tries to overlook it, but it's really hard. But he
- 16:21Speaker 3: ultimately is in love with this woman who was once
- 16:25Speaker 3: a man, and that was seen as very very pro trans.
- 16:28Speaker 3: That movie would be anti trans today. Oh yes, he
- 16:30Speaker 3: refers to her as a man. He says, you know,
- 16:33Speaker 3: she says, I'm just a girl, and he says, but
- 16:35Speaker 3: you're not a girl. And you know, things like that
- 16:38Speaker 3: would be completely not allowed now. And they you know,
- 16:41Speaker 3: they drove people away, and that's just the reality of it.
- 16:45Speaker 1: We'll be right back on normally.
- 16:50Speaker 2: We do have one more bit of news just to
- 16:52Speaker 2: light in the mood here, which is that Trump has
- 16:55Speaker 2: installed at least one I don't know if he's done
- 16:57Speaker 2: both of them, but a one hundred foot flagpole, yeah,
- 17:01Speaker 2: I think with a giant a giant American flag on
- 17:06Speaker 2: it on the White House lawn is huge.
- 17:10Speaker 3: It's like, you know, Texas sise huge.
- 17:13Speaker 1: I mean, it's it is both.
- 17:19Speaker 2: It's it's like car dealership on a Texas highway level.
- 17:23Speaker 1: That's what it should be.
- 17:25Speaker 3: You know, when I get to Texas and I see
- 17:27Speaker 3: those car dealerships with their American flag, I'm like this
- 17:29Speaker 3: is what living is all about, Like this is what
- 17:31Speaker 3: it's supposed to be.
- 17:32Speaker 2: Like, yeah, it's uh, it looks like that, and I look.
- 17:38Speaker 2: Uh the guy's into construction, which is good because this
- 17:41Speaker 2: is a very tall in my flagpole. So he's he's
- 17:45Speaker 2: assured us of all the specs on this thing. I
- 17:48Speaker 2: do enjoy that, like the next Democratic president is going
- 17:50Speaker 2: to have to be like I can't. I can't even
- 17:54Speaker 2: if I have aesthetic issues with the take picture of that.
- 17:58Speaker 1: You can't do anything about it. Like it's just it's there.
- 18:00Speaker 3: For right, forever and ever. So I can't wait to
- 18:04Speaker 3: go see it. I didn't realize that the flag was
- 18:06Speaker 3: Texas size.
- 18:07Speaker 2: I mean it's it looks very large in the anyone
- 18:11Speaker 2: this coming right, there's maybe two.
- 18:13Speaker 1: Now they have like a two.
- 18:15Speaker 2: Don't they have a part two hole out there on
- 18:17Speaker 2: the do as well. Yeah, the professional golfer was like
- 18:23Speaker 2: golfing out on the White House lawn.
- 18:25Speaker 3: Incredible.
- 18:26Speaker 2: Trump is yolowing with the designs of the old White
- 18:29Speaker 2: House this.
- 18:29Speaker 3: Time I have you know, we have our ups and downs,
- 18:32Speaker 3: Donald Trump and I. This has been a very upweek
- 18:35Speaker 3: for our relationship. I have been super into Donald Trump.
- 18:40Speaker 1: This week.
- 18:40Speaker 3: I think you know on Iran he is one of
- 18:43Speaker 3: the clearest voices ever. I just it's it's unbelievable to
- 18:47Speaker 3: watch him in action. Sees everything so clearly in a
- 18:51Speaker 3: way that I just even other Republicans I don't think
- 18:54Speaker 3: see it quite like he does. And I've just been
- 18:58Speaker 3: I'm in a good place with with with the Donald,
- 19:00Speaker 3: T and I besties right now.
- 19:02Speaker 2: A good A good week for the Donald, so yeah,
- 19:06Speaker 2: and a good week for us here at normal We're
- 19:08Speaker 2: a lot of stuff episodes.
- 19:10Speaker 3: I mean, you know, I don't know. We can't promise
- 19:13Speaker 3: three episodes always, but well we'll do our best, right.
- 19:16Speaker 1: We felt like this one was important.
- 19:17Speaker 3: Yeah, it was important, so well. Thanks for joining us
- 19:21Speaker 3: on Normally Normally allegedly airs Tuesdays and Thursdays, and subscribe
- 19:26Speaker 3: anywhere you get your podcasts. Get in touch with us
- 19:28Speaker 3: at normallythepod at gmail dot com. Thanks for listening, and
- 19:33Speaker 3: when things get weird, act normally