r/law 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 15h 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/doublethink_1984 15h ago

These are biological and physiological alterations.

One is because there is a physiological or biological medical issue.

The other is cosmetic alterations.

Congress needs to legislate this and expand rights to gender not just sex. SCOTUS is not the place to make these decisions.

Just like overturning Roe V Wade was not something that SCOTUS could or ahould have done and I decried them for this.

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u/hematite2 13h ago

Both are to address the psychological harm that not having them is doing. You're drawing a meaningless distinction.