During oral argument in Skrmetti, Justice Thomas disputed that the Tennessee law imposed a sex-based classification. Instead, he said, this was merely an age-based classification. Adults are able to receive certain treatment, but minors cannot. And generally, age-based classifications are reviewed for minimum rationality. For example, why do different states grant drivers licenses at 15, 16, 17, and 18 years old? Courts would never even ask such a question.
JUSTICE THOMAS: Much of your -- the latter part of your opening statement suggests that the -- well, seemed to suggest that there's an outright ban on this treatment. But that's not the case. It's really for minors. So why isn't this simply a case of age classification when it comes to these treatments as opposed to a ban, as you suggested in your opening statement?
Solicitor General Prelogar pushed back on this suggestion. She explained that when the government imposes two types of classifications (suspect and non-suspect), the courts have considered it under the suspect (or quasi-suspect) classification.
