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We the People
Can Tennessee Ban Medical Transitions for Transgender Minors?
Dec 5, 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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Quick takeaways
- The Tennessee law's prohibition on medical treatments for transgender minors raises critical questions regarding potential violations of the Equal Protection Clause.
- Scholars debate whether the law constitutes sex discrimination, warranting heightened scrutiny due to the differential treatment of minors based on assigned sex at birth.
Deep dives
Legal Implications of the Tennessee Law
A law in Tennessee prohibits transgender minors from receiving gender transition surgery and hormone therapy, raising significant legal questions regarding the Equal Protection Clause of the 14th Amendment. Constitutional scholars argue about whether this law constitutes sex discrimination, which would necessitate heightened scrutiny under the law. The primary debate centers on whether the law creates distinctions based on sex since it allows certain medical treatments for minors assigned male at birth while denying them to those assigned female at birth. This fundamental distinction sets a clear precedent for the legal interpretation of sex-based laws and their alignment with constitutional protections.
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Discover
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