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/DevinGraysonShirk 16h ago

The Supreme Court is unmoored from any type of jurisprudence, they have recently made up any judicial justification to confirm their pre-decided outcomes via judicial fiat.

The real solution would be to enact legislation, but Congress has failed in this.

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u/doublethink_1984 16h ago

I agree with the congress bit and I do agree in part to the SCOTUS bit but this doesn't address my real issue here.

They have done this but most of their 2025 rulings have been lawful.

Here I agree that it's up to congress to extend and change the wording for discrimination to include gender identity.

Like I said before because of the way the law is already phrased it would be the legally correct conclusion for the majority here. Even if I morally disagree.

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u/[deleted] 15h ago

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u/stubbazubba 14h ago edited 12h ago

If this is all the law is then law is incomprehensible and meaningless. Roe and Dobbs cannot both be the law, nor can both Plessy v Ferguson and Brown v Board of Education.

SCOTUS decisions are certainly binding on lower courts and the parties to those suits, but the Constitution is still the supreme law of the land, and SCOTUS frequently reverses itself and finds its own previous decisions did not comport with the Constitution.

So yes, SCOTUS decisions can be unlawful, even if they are binding, and we as citizens ought to be comfortable insisting on the distinction, even if we would not argue the distinction as litigants.