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Carol Platt Liebau: A Good Day at the High Court

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Last week, in United States v. Skrmetti, the Supreme Court heard a case with major implications for the protection of minors who are suffering from gender dysphoria. The lawsuit challenged Tennessee’s law banning medical gender transitions for children.

The Biden administration argued Tennessee’s law violates the Constitution’s Equal Protection Clause because it discriminates on the basis of sex, an immutable characteristic. Any law doing so must meet a higher standard to be upheld.

But Justice Alito exposed the fallacy of the administration’s argument. He asked one of the attorneys if transgenderism is immutable.

With that, the architecture of the administration’s case crumbled. Its advocates were left to claim that somehow sex is immutable even as gender is just a matter of personal belief at any given moment.

The Supreme Court looks likely to uphold Tennessee’s right to protect their children. 

It was a good day for the high court.

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