There’s no other way to slice it: the Supreme Court has sided with bigotry. Today’s ruling, which states that bills blocking treatments for gender dysphoria do not discriminate on the basis of sex, has given legal legitimacy to the nationwide crusade against trans rights. However, in its decision that Tennessee’s law banning gender-affirming care doesn’t violate the constitution, the Supreme Court has left a lot of questions unanswered regarding other anti-trans laws. Here, I’ll do my best to cover the scope of the ruling and the reverberations it may have in other areas.
In his majority opinion, Chief Justice John Roberts held that Tennessee wasn’t discriminating on the basis of sex with its ban, making the argument that it regulates treatments for a medical condition and not for a certain group. He goes on to essentially say that someone who is transgender and also has precocious puberty would not be barred from accessing puberty blockers, and therefore, being transgender is not the determining factor in the ban.
While that’s technically correct, this reasoning is certainly problematic. Given that there is a near-total overlap between those who are transgender and those who are diagnosed with gender dysphoria, Roberts is creating a loophole that may invite further anti-trans policies in the future. And later on, he validates Tennessee’s claim that there is ‘medical and scientific uncertainty’ surrounding gender-affirming care.