Divided Argument Low Horse
Jun 21, 2025
Dive into a thorough breakdown of the significant U.S. Supreme Court case, exploring its implications on trans healthcare and youth treatment. Discover the complexities of discrimination law and how evolving understandings of gender influence judicial decisions. The hosts cleverly balance humor with serious discussions on legal scrutiny, equal protection, and the dynamics of justices in tackling LGBTQ+ rights. Tune in for a blend of insightful analysis and engaging listener interactions.
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Core Legal Question in Skrmetti Case
- The case questions if bans on transgender-related medical treatments for minors are constitutional under the Equal Protection Clause.
- It challenges whether these laws constitute sex discrimination requiring heightened scrutiny or rational basis review.
Sex Discrimination and Intermediate Scrutiny
- The court sees sex discrimination as often related to stereotypes or overgeneralizations, so intermediate scrutiny applies.
- It treats sex classifications as scrutiny-worthy, but not as strongly as race-based ones.
Dispute on If Ban Is Sex Discrimination
- The majority treats medical treatment bans as regulation of procedures, not sex-based discrimination.
- The dissent sees banning gender dysphoria treatments but allowing others as clear sex-based classification.