Strict Scrutiny Leave Trans Kids Alone You Absolute Freaks (with Chase Strangio)
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Dec 9, 2024 Chase Strangio, an ACLU lawyer and the first known transgender lawyer to argue before the Supreme Court, joins the discussion on the landmark case United States v. Skrmetti. They unpack the implications of Tennessee's SB1 law against gender-affirming care for minors and connect it to broader trans rights issues. The conversation dives into Justice Gorsuch's surprising silence and the evolving legal landscape impacting transgender rights, highlighting the critical balance between individual rights and government actions.
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SB1 in Tennessee
- Tennessee's SB1, the first bill filed in 2023, aimed to ban gender-affirming care for minors.
- The original version even included a child abuse provision for consenting parents.
Political Rationale Behind Bans
- The surge in bans on gender-affirming care coincided with similar parental rights rhetoric targeting curricula and books.
- This reflects a political strategy emboldened by the Dobbs decision and rising global anti-trans rhetoric.
Equal Protection and Scrutiny
- The core legal issue is whether SB1's ban on gender-affirming care triggers heightened scrutiny under the Equal Protection Clause.
- This hinges on whether the law classifies on the basis of sex, requiring intermediate scrutiny.