In U.S. v. Skrmetti, the Supreme Court upheld a statute that denied gender-affirming care to transgender youth and rejected the claim that the classifications made in the statute required the application of intermediate scrutiny under the Equal Protection clause. The majority avoided addressing some of the more searching questions regarding the rights of transgender individuals by engaging in logical contortions. At the same time, the majority and the concurring justices demonstrate a much greater sympathy to the concerns of state legislators than to the circumstances of the affected young people or the experts that support them.

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U.S. v. Skrmetti: Rejecting a Challenge to Bans on Gender-Affirming Care Without Resolving Key Questions About the Rights of Transgender Individuals

  • Susan Etta Keller

摘要

In U.S. v. Skrmetti, the Supreme Court upheld a statute that denied gender-affirming care to transgender youth and rejected the claim that the classifications made in the statute required the application of intermediate scrutiny under the Equal Protection clause. The majority avoided addressing some of the more searching questions regarding the rights of transgender individuals by engaging in logical contortions. At the same time, the majority and the concurring justices demonstrate a much greater sympathy to the concerns of state legislators than to the circumstances of the affected young people or the experts that support them.