56

The 6th Circuit Court upheld Tennessee's ban on gender-affirming care for transgender minors, overturning a lower court ruling. The majority opinion cited the Supreme Court's Dobbs decision multiple times, arguing that transgender care is not deeply rooted in U.S. history and thus not constitutionally protected. The dissenting judge argued that the ban amounts to sex discrimination and goes against precedent. This ruling breaks from other federal courts that have deemed similar bans unconstitutional, potentially setting the stage for the Supreme Court to weigh in on the issue. Advocates worry this ruling signals an erosion of constitutional protections for transgender people following Dobbs.

🤮

top 4 comments
sorted by: hot top controversial new old
[-] StringTheory@beehaw.org 33 points 1 year ago

This was the “hidden” impact of Dobbs that scholars were warning us about. It is going to be used in so many nefarious ways.

[-] yuun@lemmy.one 16 points 1 year ago

'not deeply rooted in us history'

pseudointellectual horseshit of a justification. brownshirt philosophy is as stupid and shallow as usual

[-] Thugosaurus_Rex@beehaw.org 14 points 1 year ago

This is particularly galling as the standard applied originally came from Glucksburg. Glucksburg was a case on physician assisted suicide where the Court applied the "not deeply rooted in and offensive to US tradition" standard being cited here, but also held that the state had a rational and compelling interest in banning physician assisted suicide for the preservation of life and to protect the mentally disabled or ill from medical malpractice or coercion. But in the case of gender affirming care the science and medical practice supports the opposite--gender affirming care drastically reduces suicide rates and provides significantly better outcomes for those with gender dysphoria. They appear to be applying half of the reasoning of Glucksburg while directly going against the second half. That's not even touching the sex discrimination argument, which is compelling in its own right. I'm ashamed to live in the 6th Circuit today.

[-] badragonfly7137@lemmy.fmhy.ml 2 points 1 year ago

Since when does healthcare have to be constitutionally protected? Does the Constitution have to say I can have heart surgery too? Wtaf.

this post was submitted on 09 Jul 2023
56 points (100.0% liked)

Politics

10179 readers
87 users here now

In-depth political discussion from around the world; if it's a political happening, you can post it here.


Guidelines for submissions:

These guidelines will be enforced on a know-it-when-I-see-it basis.


Subcommunities on Beehaw:


This community's icon was made by Aaron Schneider, under the CC-BY-NC-SA 4.0 license.

founded 2 years ago
MODERATORS