During the recent Skrmetti case, Justice Amy Coney Barrett raised the issue of parental rights, sparking a debate among conservatives. While not directly related to the case, the question has garnered attention in briefs and discussions.
Some Republicans have taken a stance against Tennessee's transgender law, aligning with the Biden administration. They argue that the law clashes with the traditional conservative belief in parental rights. In Tennessee, when transgender minors require medical treatment, they make these decisions in consultation with their parents.
Former Virginia Rep. Barbara Comstock, a Republican critical of Trump, voiced her opposition to Tennessee's law, questioning why a conservative viewpoint would support the state dictating what is best for a child. She expressed concerns that allowing the state to intervene in such matters could set a precedent for government overreach in parental decisions.
On the other hand, Tennessee and many conservative supporters of the state's position assert that parental rights should not be a determining factor in this case. They point out that states have a history of regulating medical practices for individuals of all ages. The state emphasized that even adults do not possess an inherent right to demand specific medications under substantive due process.
