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he heart of the dispute is moral and political, not scientific and medical. Doctors have no special expertise in answering moral and political questions. As the plaintiffs' expert testimony demonstrates, doctors often adopt moral and political judgments of their own before they begin to answer the downstream scientific and medical questions. Doctors are surely useful sources of information to aid those tasked with answering moral and political questions about the human body, but doctors are not oracles in possession of special moral insight. Nor are judges the ideal place to look for answers to political questions. | |||
Our Constitution tells us where to look. In the State of Texas, "[a]ll political power is inherent in the people." TEX. CONST. art. I, § 2. This litigation asks whether the sovereign People of Texas have the power, through their representatives in the Legislature, to answer moral and political questions about childhood transgender therapy in accordance with the Traditional Vision of what it means to be human, male and female. The answer is yes | |||
* ''Republican Party of Texas v. Dietz'', 940 S.W.2d 86, [https://scholar.google.com/scholar_case?case=12738540633429222592#p91 91] n.6 (Tex. 1997) ("The framers of the Texas Constitution apparently shared the belief that a constitution was a compact between the government and its citizens. Tex. Const. art I, § 2 ('All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.'); Debates of the Texas Convention at 330 (William F. Weeks, reporter) (1846) ('We are . . . about to form a new government . . . . Then, as I believe, we are just in the position of a people in a natural state of society, about to form a social compact; . . .').") | * ''Republican Party of Texas v. Dietz'', 940 S.W.2d 86, [https://scholar.google.com/scholar_case?case=12738540633429222592#p91 91] n.6 (Tex. 1997) ("The framers of the Texas Constitution apparently shared the belief that a constitution was a compact between the government and its citizens. Tex. Const. art I, § 2 ('All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.'); Debates of the Texas Convention at 330 (William F. Weeks, reporter) (1846) ('We are . . . about to form a new government . . . . Then, as I believe, we are just in the position of a people in a natural state of society, about to form a social compact; . . .').") | ||