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Transgender Rights Advocates’ Last, Best Hope Is Neil Gorsuch and John Roberts

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Jurisprudence News

Supreme-Court,Transgender,Lgbtq

There’s even more at stake in Skrmetti than the future of bans on gender-affirming care for minors (and adults, who now face restrictions).

The Supreme Court announced on Monday that it will decide whether states have the constitutional authority to prohibit gender-affirming care for minors. Its decision, expected next term, will determine the fate of laws inthat severely restrict or even criminalize transgender minors’ access to health care.

The Supreme Court hasasks: When states target trans people for disfavored treatment, do they engage in sex-based discrimination? If the answer is yes—as theU.S. Circuit Courts of Appeals have found—then courts must stringently assess anti-trans legislation for an “exceedingly persuasive justification.” If the answer is no—as the 6U.S. Circuit Court of Appeals have found—then courts can pretty much rubber-stamp overt discrimination against transgender people. .

 

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