During a recent Supreme Court hearing, Justice Elena Kagan challenged the central argument put forth by Tennessee and some of her conservative colleagues on the bench. Kagan pointed out that it was disingenuous to claim that the law in question was not based on sex, emphasizing that its medical purpose was undeniably linked to sex.
The crux of the case revolves around whether Tennessee's law constitutes discrimination based on sex. Kagan's comments made it evident that she is opposed to the law in question.