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Abstract

“Did God really say?” That’s the question the serpent asked Eve in the garden, as she was tempted to turn from the Truth that God had told her about the consequences of eating the fruit from the one specific tree. She and Adam learned that God really did mean what He said. By rejecting God’s wisdom and instruction, they caused sin to enter the world. The same question forms the foundation of the transgender rights movement: did God, who created mankind in His image, really say that He created them male and female? In today’s culture, when a gender-confused child tells an adult that he believes he was assigned the wrong sex at birth and is really a girl, we encourage the child to stray further from Truth by injecting ineffective and irreversible hormones into his body and performing surgical procedures to permanently disfigure the child. Rather than protect and help the child, we harm them when we reject what God has told us and how He created us.

This Article explores the legal issues arising from society’s rejection of the biological truth that there are only two sexes. After discussing United States v. Skrmetti, this Article explores a variety of legal issues that have arisen from legal acceptance of the fiction that gender identity defines one’s sex. Those issues include which teams transgender athletes can play for and which locker rooms they can use. Courts are also grappling with birth certificate issues, bans on counselors from helping minors align their gender identity with their biological sex, access to health care, the right of parents to direct what treatment doctors provide to their children, and whether nondiscrimination laws trump free speech and the free exercise of religion.

The Skrmetti case involves a ban in Tennessee and Kentucky on the use of puberty blockers and cross-sex hormones by minors for the purpose of treating gender dysphoria. The United States Supreme Court will decide the case before its 2024–2025 term concludes. While the Skrmetti decision will not resolve the panoply of other legal issues percolating in the courts, it will necessarily direct the path the courts should pursue. In particular, the Skrmetti decision will hopefully force courts to favor laws and policies that are based on the biological reality that there are two sexes, and people cannot change their sex.

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