The groundwork for a Supreme Court case on gender-affirming care is being laid now
Source: The 19th
The 19th Explains: The groundwork for a Supreme Court case on gender-affirming care is being laid now
The legal battle around transgender rights has shifted dramatically. Here's why — and what could come next.
Orion Rummler
LGBTQ+ Reporter
Published October 12, 2023, 9:00 a.m. CT
For much of 2023, federal judges were consistently blocking bans on gender-affirming care from taking effect. Siding with LGBTQ+ and civil rights groups, those judges repeatedly found that banning gender-affirming care is likely unconstitutional on the grounds of the equal protection and due process clauses of the 14th Amendment.
Now, the legal battle around transgender rights has shifted dramatically after two federal appeals courts rebuked those lower-court decisions by finding that gender-affirming care is not protected by the Constitution.
The 14th Amendment, which in the wake of the Civil War granted citizenship to Black Americans, is the basis for much of the country’s federal civil rights and anti-discrimination statutes. Landmark legal cases on racial and gender discrimination have relied on the amendment’s equal protection clause, which requires states to ensure equal protection for its citizens. The 14th Amendment’s due process clause has been interpreted by the courts to protect rights not explicitly listed in the Constitution.
The conflicting decisions, and the questions they raise over the 14th Amendment and sex discrimination protections, may eventually propel a transgender rights case to the Supreme Court. Here’s how the groundwork is being laid out in the courts now.
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The argument that banning gender-affirming care is not sex discrimination piggy-backs off of Dobbs’ reference to the pregnancy discrimination case Geduldig v. Aiello, said Ezra Ishmael Young, a civil rights lawyer and scholar. In Geduldig, the high court asserted that excluding pregnant women from a state insurance program was not actually an exclusion based on gender, but based on physical condition.
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Read more: https://19thnews.org/2023/10/supreme-court-transgender-rights-gender-affirming-care/
Alternate link: https://www.advocate.com/news/supreme-court-gender-affirming-care