In U.S. v. Skrmetti, the US Supreme Court didn’t reach everything it could have, but it got the biggest question right in a way that promises to have legs across the legal system.
The federal government argued that SB1, a Tennessee statute, violated the Fourteenth Amendment’s equal protection clause. In the interest of assuring that Tennessee’s children—prior to receiving any treatment—reach an age at which they are capable of understanding the risks of potentially irreversible consequences arising from refashioning their bodies, SB1 prohibits a small set of medical interventions for minors. It dealt only with sex-transition interventions (hormonal and surgical) and only with such treatment of children.
The federal government argued this was sex discrimination against transgender children, denying them equal protection.
Continue reading the entire piece here at Bloomberg Law
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Dan Morenoff is the executive director and secretary of the American Civil Rights Project.
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