I appeared yesterday on one of my favorite radio shows, The Tony Katz Show.
The main topic was the Supreme Court ruling on the Tennessee ban on “transgender” treatments for kids. We also talked about the Equal Protection Project and a case we recently filed against the University of Louisville (more on that in a separate post to come).
Sorry, but no full transcript this time, but it’s only 13 minutes so you’ll have to listen. It’s not like you have anything else to do, right?
Here’s my answer to the question of whether this puts the issue to bed nationally:
This should put an end to it, at least on Federal constitutional challenges to state laws. Now there could be a state law that is restricting treatments for minors which by its terms is unreasonable, which goes beyond this, which doesn’t have a rational basis. So it ends the legal discussion. It doesn’t end the factual discussion whether a particular state law was worse or more egregious or more harsh than Tennessee. I mean, Tennessee’s was pretty far reaching. So it’s hard to understand how that would happen. It should settle the legal question, but it would not settle applying that law to a particular statute.So while I don’t think it’s going to end litigation, because as we know, it’s never over until it’s over, it should more or less end the litigations, assuming other states have statutes that are substantively similar to Tennessee,
(if player does not load, click here)
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