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Reason
Reason
Jonathan H. Adler

Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors

The Supreme Court issued five opinions today, most notably its decision in United States v. Skrmetti, rejecting a constitutional challenge to a Tennessee law prohibiting certain medical treatments for gender dysphoria for minors (e.g. puberty blockers and hormones).

The decision produced 112 pages of opinions. Chief Justice Roberts wrote for a 6-3 Court. Justice Alito concurred in part and concurred in the judgment. Justice Thomas and Justice Barrett each wrote separate concurrences (the latter of which Justice Thomas also joined). Justice Sotomayor wrote the principal dissent, joined by Justice Jackson in full and Justice Kagan in part. Justice Kagan also wrote a separate dissent.

Writing for the Court, Chief Justice Roberts concluded that the Tennessee law did not target transgender individuals as a class. Accordingly, his opinion did not reach the question of whether a law that did target transgender individuals is subject to heightened scrutiny. With heightened scrutiny off the table, the Court applied rational basis review, which the Tennessee law easily satisfied.

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