We the People Can Tennessee Ban Medical Transitions for Transgender Minors?
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Dec 13, 2024 Joining the discussion are David Gans, Director at the Constitutional Accountability Center, and Kurt Lash, Distinguished Professor of Law at the University of Richmond. They dive into the heated debate over Tennessee's law banning medical transitions for transgender minors. Gans argues this law violates the Equal Protection Clause, while Lash defends its legality. The two scholars dissect the implications of landmark cases like Bostock and Geduldig, scrutinizing legal standards for sex discrimination and the evolving interpretation of the 14th Amendment in relation to transgender rights.
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Tennessee Transgender Law
- The Tennessee law prohibits transgender minors from receiving gender transition surgery and hormone therapy.
- The Supreme Court is debating whether this violates the Equal Protection Clause.
Respondents' Argument
- Respondents argue the law isn't sex-based, but protects children from risky procedures.
- They claim it's similar to laws about women's reproductive systems, not requiring heightened scrutiny.
Sex-Based Classification Debate
- The case raises the question of whether discrimination based on a characteristic linked to one sex is sex-based.
- Justice Alito cited Geduldig (1974) and Dobbs (2022), rejecting the equal protection challenge to abortion.