Strict Scrutiny

SCOTUS Upholds Tennessee Ban on Gender-Affirming Care for Minors

17 snips
Jun 18, 2025
Chase Strangio, Deputy Director for Transgender Justice at the ACLU, joins the discussion after arguing the pivotal United States v. Skrmetti case. He dives into the Supreme Court's troubling decision to uphold Tennessee's ban on gender-affirming care for minors and its extensive implications for LGBTQ+ rights. The conversation explores the legal challenges ahead and critiques the majority’s reasoning. Strangio emphasizes the urgent need for advocacy and cultural narratives to combat misinformation and protect the rights of the transgender community.
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INSIGHT

Narrow Supreme Court Decision

  • The Supreme Court upheld Tennessee's ban on gender-affirming care for minors but framed the decision narrowly to limit broader impacts.
  • It avoided deciding whether transgender status triggers heightened scrutiny, leaving room for future legal arguments in some circuits.
INSIGHT

Geduldig Resurrected by Court

  • The Court doubled down on past cases like Geduldig that exclude sex-based scrutiny for medical distinctions, like pregnancy or transgender care.
  • This entrenches a view where biological distinctions in medical care can justify sex-based discrimination without heightened scrutiny.
INSIGHT

Barrett Denies Trans Discrimination History

  • Justice Barrett questioned the existence of a history of de jure discrimination against transgender people.
  • Chase Strangio counters that transgender people have faced legal discrimination including criminalization, showing Barrett's view is both disheartening and factually incorrect.
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