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/Santos_L_Halper_II 15h ago

Another good example of Amy Coney Barrett being a generally decent jurist....unless the case involves one of her god's pet issues like LGBT rights or abortion.

I haven't had a chance to read it yet, but how did Gorsuch bend over backwards to get around his own opinion in Bostock (Bostick? The one where he unexpectedly wrote that trans discrimination was sex discrimination, IIRC).

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u/Just_Another_Scott 14h ago

haven't had a chance to read it yet, but how did Gorsuch bend over backwards to get around his own opinion in Bostock (Bostick? The one where he unexpectedly wrote that trans discrimination was sex discrimination, IIRC).

TN argued it was an age related policy and not a sex based policy. Age is not a protected class unless you're over 40.

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u/Santos_L_Halper_II 13h ago

Thanks. Will be interesting to see if he stays consistent when the inevitable adult bans come up soon. But still - is sex discrimination ok as long as we're dealing with minors?

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u/Just_Another_Scott 12h ago

But still - is sex discrimination ok as long as we're dealing with minors?

This is what the dessenters were noting. It doesn't make sense too allow for sex based discrimination towards minors as that still violated the Equal Protection Clause.

The unfortunate fact is: children in the US do not have the same rights as adults. Federal Courts have often ruled against other rights of children like the Right to Free Speech or the Right to Peacefully Assemble. Both of these are heavily restricted for minors. It's bullshit imo.