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.
Justice Kavanaugh acknowledged the benefits of such treatments, as highlighted by Justice Sotomayor, but also expressed concerns about potential risks. He questioned whether it is the role of the courts to determine the constitutionality of state laws in this complex area.
He raised the important question of how the court should weigh the competing risks involved in deciding whether to constitutionalize laws regarding transgender care for minors. This debate underscores the delicate balance between individual rights, legislative authority, and judicial oversight in shaping public policy.
