

Will SCOTUS Allow The End of Parental Rights For Parents of Trans Kids
Dec 5, 2024
Kate Shaw, a law professor at the University of Pennsylvania and co-host of the Strict Scrutiny podcast, delves into a pivotal Supreme Court case regarding Tennessee's ban on gender-affirming care for minors. She discusses the implications for parental rights and the ongoing legal battle involving families challenging the law. The debate over the validity of evidence for these treatments unfolds, with contrasting views from Justices and legal experts. Shaw also navigates the broader landscape of gender-affirming care legislation and its societal impacts.
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Sex Discrimination Argument
- The families and Biden administration argue that Tennessee's law is sex discrimination.
- The law allows the same medical treatment for other conditions, but not for gender dysphoria.
Roberts' Pushback
- Chief Justice Roberts questioned whether the court should intervene in medical judgments.
- He suggested leaving such decisions to elected representatives.
Debate on Benefits
- Justice Alito challenged the Solicitor General on the benefits of gender-affirming care, citing European studies.
- The Solicitor General responded that the studies were not in the record and that the benefits outweigh the risks for specific children.