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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court OKs Tennessee ban on gender-affirming care for minors, big loss for transgender rights
"The Supreme Court on Wednesday upheld Tennessees ban on gender-affirming care for transgender minors, a stunning setback to transgender rights.
The justices 6-3 decision in a case from Tennessee effectively protects from legal challenges many efforts by President Donald Trumps Republican administration and state governments to roll back protections for transgender people. Another 26 states have laws similar to the one in Tennessee.
Chief Justice John Roberts wrote for a conservative majority that the law does not violate the Constitutions equal protection clause, which requires the government to treat similarly situated people the same.
In a dissent joined by her liberal colleagues, Justice Sonia Sotomayor wrote that the majority abandons transgender children and their families to political whims."
https://apnews.com/article/supreme-court-transgender-health-care-trump-79fc6f3bbdab2e92d6f0184201a468a9

Johonny
(23,966 posts)It isn't a debate Robert's. It is a law banning certain people from existence. There is a difference between a debate and a conclusion.
Bigotry,.ugly and fully embraced by America
walkingman
(9,425 posts)Passages
(2,979 posts)MineralMan
(149,299 posts)Polybius
(20,312 posts)Hard to believe that 27 states do this.
MineralMan
(149,299 posts)Polybius
(20,312 posts)While I don't know the list either, NY isn't one of them.
MineralMan
(149,299 posts)All are welcome here.
Scruffy1
(3,448 posts)You would think the South won the Civil War. To think these pinche pendejos will be in power for many, many years scares the shit out of me. Time for someone to stand up to these bought and paid for fascist bastards
bucolic_frolic
(50,974 posts)This is a supremely fouled up ruling. Power grab.
Polybius
(20,312 posts)I had a feeling it would be at least 5-4.
newdeal2
(3,016 posts)This court will do nothing to advance freedom for ALL.
But I better not hear any complaining from people that discourage voting or voted third party. Play stupid games win stupid prizes.
Response to kelly1mm (Original post)
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MineralMan
(149,299 posts)Ugh!
MarineCombatEngineer
(15,782 posts)
LexVegas
(6,842 posts)LexVegas
(6,842 posts)Oneironaut
(6,029 posts)The ruling was regarding hormone blockers.
LetMyPeopleVote
(165,173 posts)The court considered whether the ban violates the Constitutions equal protection clause. The answer has nationwide implications.
Supreme Court says Tennesseeâs ban on gender-affirming care for minors is constitutional - MSNBC apple.news/A4yOnadEwRNW...
— Ms. Kevin (@kkalmes31.bsky.social) 2025-06-18T15:21:19.288Z
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/supreme-court-gender-affirming-care-ruling-minors-skrmetti-tennessee-rcna187760
The Republican-appointed majority said Wednesday that the state law isnt subject to heightened scrutiny under the Constitutions equal protection clause. Reasoning that the law doesnt discriminate based on sex, Roberts wrote that it prohibits healthcare providers from administering puberty blockers and hormones to minors for certain medical uses, regardless of a minors sex.
Justice Sonia Sotomayor wrote in dissent for the three Democratic appointees that the law plainly discriminated on the basis of sex, and so it deserved greater scrutiny from the court. By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims, she wrote.
The appeal presented national implications for other states with similar laws and for transgender rights more broadly. According to KFF, which tracks health policy, 27 states have laws or policies limiting youth access to gender-affirming care.
The justices took the case at the urging of the federal government during the Biden administration. Its petition noted that states across the country have laws that bar transgender adolescents from receiving certain treatments but dont restrict those same treatments for any other purpose. Those laws classify based on sex and transgender status, the petition argued.
Defending the law, the state said its not unconstitutional discrimination to say that drugs can be prescribed for one reason but not another. The state further argued that its law doesnt classify people based on sex but rather creates two groups: minors seeking drugs for gender transition and minors seeking drugs for other medical purposes.
After Donald Trump won the 2024 presidential election, the federal government told the court in February that its Biden-era stance no longer represent the United States position. Still, the government didnt ask the justices to dismiss the appeal, citing several factors including that the courts resolution of the case would affect many pending cases in the lower courts.
LetMyPeopleVote
(165,173 posts)The Trump appointee wrote a concurrence in the Skrmetti case joined only by Thomas. Alito seems to agree with them, too.
Justice Amy Coney Barrettâs stance would further weaken #transgender rights.
— [The Great War & Modern Memory] (@ps9714.bsky.social) 2025-06-18T19:53:43.041Z
The Trump appointee wrote a concurrence in the #Skrmetti case joined only by #Thomas. #Alito seems to agree with them, too.
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/transgender-rights-skrmetti-decision-barrett-rcna213740
Her explanation came in a concurring opinion to Chief Justice John Roberts majority ruling in United States v. Skrmetti. Justices sometimes write concurrences to add their own thoughts, even if those thoughts dont create binding legal opinions on their own. They can lay the groundwork for future majority rulings and influence lower courts in the meantime. And though the Trump appointees concurrence was only joined by Justice Clarence Thomas, if her reasoning is adopted by a majority of the court in the future, it could further weaken transgender rights.
Barrett noted that, while laws are presumed constitutional and are generally upheld so long as they bear a rational relation to a legitimate goal, there are exceptions to the general rule, such as for classifications based on race and sex. When those so-called suspect classes are at issue, the government faces a greater burden to show why its actions are constitutional. In the Skrmetti case, the majority said Tennessee didnt have to shoulder that greater burden because, the majority reasoned, the state law didnt classify people based on sex or transgender status.
Barrett listed multiple reasons why she thinks transgender people dont deserve this suspect class status. Among other things, she suggested that transgender people have not sufficiently faced a history of legal discrimination like people have faced based on race or sex......
So, while the question of what general legal protections transgender people have wasnt the main issue in the Skrmetti case, at least three justices appear prepared to rule against them on that broader question, which could make it even more challenging for them to press legal claims in all sorts of cases going forward.
I know that some MAGA types are mad at Barrett for not rubberstamping rulings for trump. This ruling shows why the Federalist Society picked this very conservative asshole to be on the SCOTUS. She may not rubberstamp rulings for trump but she is still an asshole