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Supreme Court Debates Constitutionality Of Transgender Care Bans

Supreme Court Justice Brett Kavanaugh answers questions during a judicial conference, Friday, May 10, 2024, in Austin, Texas. (AP Photo/Eric Gay)

During a recent Supreme Court session, Justice Brett Kavanaugh and Chief Justice John Roberts raised concerns about the court's involvement in deciding on laws related to transgender care for minors. The discussion centered around whether it is best to leave such matters to the democratic process.

The US Solicitor General, Elizabeth Prelogar, emphasized that while legislatures should have some flexibility in making laws, they are still bound by constitutional provisions ensuring equal protection under the law for all individuals. She suggested that the Supreme Court could issue a narrow opinion instructing lower courts to demand more evidence from states justifying bans on transgender care for minors.

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