You Must Be Some Kind of Therapist 138. United States v. Skrmetti: Detransitioners Amicus Brief in Supreme Court Case with Diana Lutfi
In this episode, I have the pleasure of speaking with Diana Lutfi, a bioethics and legal scholar, who recently authored an amicus brief on behalf of the detransitioners community in the Supreme Court case, United States of America v. Jonathan Skrmetti. We dive deep into the implications of this landmark case, which challenges Tennessee's prohibition on “gender-affirming care” for minors. Diana explains how this case could set a precedent affecting similar laws in 26 states, raising critical questions about the future of sex trait modification.
We discuss the complexities surrounding the concept of "standards of care" in pediatric gender treatment, particularly how these standards can be influenced by political agendas rather than solid evidence. Diana emphasizes the importance of recognizing biological differences in healthcare and the inherent discrimination that occurs in medical treatment based on sex. We also explore the tension between parental rights, state regulations, and the autonomy of minors in making life-altering decisions.
Throughout our conversation, we aim to uncover the broader implications of this case for healthcare policy and the ethical considerations surrounding permanent sex trait alteration for minors. Join us as we navigate these challenging topics and seek to understand the stakes involved for individuals and families facing these critical decisions.
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Diana Lutfi, JD, MSHCM, CPHQ is a legal and bioethics scholar, healthcare professional, and advocate of patients' and providers' rights. Marked by a history of public service, Diana founded sustainable high school programs and pioneered a TEDx Youth movement in Southern California. She founded a large (100+ students) credit-bearing worldviews course at UC Berkeley. During the pandemic, Diana successfully challenged and changed Colorado Nursing Board rules, decreasing the red tape around reinstatements. Diana has avidly worked to protect patients' rights amidst healthcare policy, helped physicians write policy proposals, and most recently authored a Supreme Court amicus on behalf of the larger detransitioners community. In her professional career, Diana was a human subjects researcher, healthcare administrator, educator, and projects consultant. She has extensively investigated issues around access, autonomy, bodily integrity, and coercion in healthcare. Diana has consciously positioned herself to defend health freedom and protect healthcare providers seeking to reform our healthcare system.
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00:00 Start
[00:02:16] Supreme Court case on gender care.
[00:04:30] Access to gender-affirming care.
[00:10:43] Standards of care in pediatrics.
[00:12:46] Power dynamics in healthcare dissent.
[00:20:45] Expanding rights and access.
[00:24:01] Detransitioner community's legal advocacy.
[00:26:35] Healthcare discrimination and reference ranges.
[00:30:54] Testicular cancer and hormones.
[00:35:54] Pediatric gender transition regulations.
[00:40:51] Healthcare discrimination and exceptions.
[00:47:54] Life-altering decisions in youth.
[00:49:18] Autonomy in minors' healthcare decisions.
[00:56:19] State prohibition on gender-affirming care.
[00:57:31] Right to bodily integrity.
[01:02:41] Consequences of pediatric gender-affirming care.
[01:06:38] Risk factors for suicide.
[01:11:08] Minor autonomy and permanent decisions.
[01:17:27] Protecting individual rights through experience.
[01:20:05] Future of the Skrmetti case.
[01:24:17] Gender affirming care reality.
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Show notes & transcript provided with the help of SwellAI.
Special thanks to Joey Pecoraro for our theme song, “Half Awake,” used with gratitude and permission.