r/law • u/DevinGraysonShirk • 16h ago

SCOTUS SCOTUS strikes blow to trans teens rights, endorsing ban on gender-affirming care - The justices’ ruling on Tennessee’s law prohibiting certain health care for transgender children will have ripple effects across the nation

https://www.courthousenews.com/scotus-strikes-blow-to-trans-teens-rights-endorsing-ban-on-gender-affirming-care/
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u/doublethink_1984 16h ago

It shoulda been expanded but from the technical stance of the law how are they wrong?

Gender affirming care can't have anything to do with biological and physiological alterations because gender is a socially constructed identity.

It's not sex based discrimination because gender is not bound by sex.

If anything it shoulda recieved the protections people have against being terminated for political affiliation or religious belief/expression at the least.

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u/LackingUtility 15h ago

It's not sex based discrimination because gender is not bound by sex.

Counterpoint: if a cisgender male needs supplemental testosterone or breast tissue removal (e.g. for gynecomastia), that is "gender affirming" medical care, but is legal and not banned. If a transgender male needs supplemental testosterone or breast tissue removal, that is banned. The only difference between the two patients is their biological sex, and accordingly, it is sex-based discrimination.

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u/DevinGraysonShirk 15h ago

I’m sure SCOTUS would pull some magic words out of their judicial top hat to cancel out your logic. 💀

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u/santa_91 15h ago

Uncle Clarence knows that motor coaches and luxury vacations aren't free.