ALEXANDRIA, VA - Citizens Defending Freedom (CDF) announced today that it has filed an amicus brief in the case of United States v. Skrmetti, supporting the State of Tennessee's position before the Supreme Court. The case centers on whether Tennessee SB1, which seeks to protect the public health and safety of minor citizens of Tennessee, is unconstitutional under the Equal Protection Clause of the United States Constitution. In part, the Court is considering whether gender identity should be recognized as a protected class under the Equal Protection Clause of the 14th Amendment.
In its brief, prepared in collaboration with Binnall Law Group, CDF argues that:
1. The original meaning of "sex" in the Constitution does not encompass gender identity.
2. Recognizing gender identity as a protected class would create conflicts between the due process rights of parents and the equal protection rights of children.
3. Constitutionalizing this issue would remove it from the democratic legislative process where it is currently being debated.
4. Even under intermediate scrutiny, Tennessee's law (SB1) restricting certain gender- affirming treatments for minors should survive constitutional review.
"This case has profound implications for how our laws interpret sex and gender," said Jason C. Greaves, counsel of record for the brief. "Our position aligns with CDF's ongoing legal strategy regarding Title IX and other related issues at the state level."
The brief urges the Supreme Court to reject arguments that would expand the definition of "sex" under the Equal Protection Clause, arguing this would short-circuit the legislative process on a hotly debated issue.
"States should retain the ability to legislate on sensitive matters involving the health and wellbeing of minors," said Holly Kesler, CDF Georgia State Director. "We believe our brief presents compelling reasons for the Court to allow the democratic process to continue addressing this complex issue."
For more information or to request a copy of the amicus brief, please contact CDF.
About Citizens Defending Freedom:
Founded in 2021, Citizens Defending Freedom is a non-profit organization that strategically operates in counties across America to help citizens defend their faith and freedom, all while fighting for transparency in local government. Currently, Citizens Defending Freedom is established in Florida, Georgia, Michigan, and Texas, with plans to continue expanding across America. Click here to learn more about Citizens Defending Freedom.