The opinions of each justice are very interesting reads. I didn't read them all but I read some Alito and Sotomayor.
Alito's argument boils down to the fact this Tennessee law does not discriminate on the basis of sex in the context of how equal rights laws were ruled on and enforced.
Males and females are being treated equally, be it fair or not. Adolescent males and females seeking hormone therapy for transitioning are both being equally denied it. The basis of sex is upheld. The basis of transgender is not....but that's another kettle of beans to Alito. "With this background in mind, I do not think that
transgender status is sufficiently similar to race, national
origin, or sex to warrant a higher level of scrutiny."
Sotomayor disagrees........"What does that mean in practice? Simply that sex determines access to the covered medication. Physicians in Tennessee can prescribe hormones and puberty blockers to help a male child, but not a female child, look more like a boy;
and to help a female child, but not a male child, look more
like a girl."
The opinions of each justice are very interesting reads. I didn't read them all but I read some Alito and Sotomayor.
Alito's argument boils down to the fact this Tennessee law does not discriminate on the basis of sex in the context of how equal rights laws were ruled on and enforced.
Males and females are being treated equally, be it fair or not. Adolescent males and females seeking hormone therapy for transitioning are both being equally denied it. The basis of sex is upheld. The basis of transgender is not....but that's another kettle of beans to Alito. "With this background in mind, I do not think that
transgender status is sufficiently similar to race, national
origin, or sex to warrant a higher level of scrutiny."
Sotomayor disagrees........"What does that mean in practice? Simply that sex determines access to the covered medication. Physicians in Tennessee can prescribe hormones and puberty blockers to help a male child, but not a female child, look more like a boy;
and to help a female child, but not a male child, look more
like a girl."