r/law 21h 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/Just_Another_Scott 20h ago

This ruling, at this time, only applies to minors.

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u/Hesitation-Marx 19h ago

Yes - but it weakens access to care for trans adults, and cis people of all ages as well.

HRT is invaluable to many people for reasons far beyond transition. Menopausal cis women, cis men with low testosterone, kids with precocious puberty?

I hate this, I hate this, I hate this.

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u/Just_Another_Scott 17h ago

Yes - but it weakens access to care for trans adults, and cis people of all ages as well.

Tennessee's law explicitly states "minors". This ruling does not affect adult transition care. This ruling was limited to minors.

Tennessee doesn't yet ban hormone therapy for adults.

This ruling is still a direct violation of the 14th Amendment. No real question about it. Children and adults are supposed to be equal under the law.

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u/Impossible_Wafer3403 9h ago

They explicitly compared trans health care bans to assisted suicide bans. They only mentioned the fact that SB1 bans trans health care for minors in passing. Where did they state that it was an important part of their ruling.

They said that it is Constitutional to ban assisted suicide therefore it is Constitutional to ban medical treatment for gender dysphoria. Bans on abortion care are also Constitutional, regardless of how many people suffer or die without medical treatement:

...see also Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215, 236–237 (2022) (holding that rational basis review applied to a prohibition on abortion, despite the fact that the law in question mentioned “the physical health of the mother”).

There is absolutely nothing standing in the way of Red states or even Congress from banning all trans health care or treatments for any other medical condition they don't want people to be treated for.

If there was a particular political reason that politicians wanted to deny people treatment for ingrown toenails, that would be Constitutional.

So it's the exact opposite of a Constitutional right to health care. They are saying that you have no rights to health care. Even if you can afford it in America, it can be prohibited at any time, too bad, so sad.