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If left uncorrected, the Sixth Circuit’s reasoning will have far-reaching consequences. It will effectively immunize all forms of government discrimination against transgender people from meaningful constitutional scrutiny. And it will force the families at the center of this case (and countless others like them) to lose the very medical care that has allowed their children to grow and thrive. This Court should vacate the Sixth Circuit’s misguided decision, reaffirm that all sex classifications receive heightened scrutiny, and remand for further proceedings or reverse the judgment.

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If left uncorrected, the Sixth Circuit’s reasoning will have far-reaching consequences. It will effectively immunize all forms of government discrimination against transgender people from meaningful constitutional scrutiny. And it will force the families at the center of this case (and countless others like them) to lose the very medical care that has allowed their children to grow and thrive. This Court should vacate the Sixth Circuit’s misguided decision, reaffirm that all sex classifications receive heightened scrutiny, and remand for further proceedings or reverse the judgment.
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Chris Geidner (chrisgeidner@journa.host)'s status on Wednesday, 28-Aug-2024 08:39:30 JST Chris Geidner
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Here's the ACLU brief, calling on the Supreme Court to vacate the Sixth Circuit's ruling from last year holding that the Tennessee ban is likely constitutional: https://www.supremecourt.gov/DocketPDF/23/23-477/323499/20240827143014850_No.%2023-477%20Brief%20for%20Respondents%20ISO%20Petitioner.pdf

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