Supreme Court Justice Sonia Sotomayor gave a scathing dissent of the Supreme Court’s decision Wednesday upholding Tennessee’s ban on gender-affirming care for transgender and nonbinary teenagers.
“Tennessee’s ban applies no matter what the minor’s parents and doctors think, with no regard for the severity of the minor’s mental health conditions or the extent to which treatment is medically necessary for an individual child,” Sotomayor wrote of the 6–3 decision.
Sotomayor asserted that a higher level of judicial scrutiny was called for in making the decision. “The majority contorts logic and precedent to say otherwise, inexplicably declaring it must uphold Tennessee’s categorical ban on lifesaving medical treatment so long as ‘any reasonably conceivable state of facts’ might justify it,” she wrote.
She added, “Thus, the majority subjects a law that plainly discriminates on the basis of sex to mere rational-basis review. By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims. In sadness, I dissent.”
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