Gender-Affriming Care Ban in Tennessee is Being Heavily Criticized
Recently, the Supreme Court allowed Tennessee to keep its law on banning gender-affirming care for minors. According to PinkNews, Chief Justice John Roberts claims the law isn’t against the 14th Amendment since it wasn’t about gender identify. Since it does not violate the constitution, lawmakers passed it.
Justice Sonia Sotomayor counters this claim by saying, “This case is about whether Tennessee can forbid doctors from providing necessary medical care to transgender teenagers. The answer should be a resounding no … Transgender people deserve equal dignity in the eyes of the law.”
To add on Sotomayor’s statement, the Supreme Court Historical Society displays that the Supreme Court already interpreted the 14th as “people should not be subjected to discrimination on the basis of characteristics that are ‘immutable’-distinctions, like gender or race, over which they have no control …” The 14th doesn’t just protect people against racial discrimination, but gender discrimination as well. Being under the trans umbrella is not choice people make, and under this definition of the 14th, protection from trans discrimination should be included. Otherwise, it will be unconstitutional, which is what this ruling banning gender-affirming care is.
In the end, Roberts’ claim is just incorrect, and it leaves innocent people behind without their necessary healthcare.
But this wasn’t fully just about the law; it was also about the empathy from the Supreme Court.
The Lack of Empathy
The Supreme Court members who voted for this ban to pass didn’t know how bad this could be at best. At worst, they are actively harming people just because their biased against trans people. It is true that everyone will not escape bias, but it feels like these Justice members aren’t taking that fact into account.
With news of the ban revealed, U.S. Senator Cory Brooker was extremely against the decision on upholding the law. “I know trans children. I hear the fear; I hear the worry that they’re not safe …” says Brooker. He even states that this decision “abandon(s) trans children in America.”
What Brooker is saying is right. The LGBTQ+ community has been through a lot recently, especially trans folks. I don’t need to repeat all of the atrocities we have witnessed. The fact the Supreme Court and a majority of our government in general has decided to look away and pretend trans people don’t exist shows how they really care about us. It has been happening for a long time now, since Stonewall, since the AIDs/HIV crisis, etc.
However, it doesn’t mean we stop fighting for what is right. Stonewall was a riot, after all, and we keep pushing to make sure our community is safe and well. Fortunately, there are people in politics who work so hard to make sure we have equal rights; people like Brooker and Sotomayor have demonstrated it time and time again throughout the past couple of years. So let us work with those people who aren’t afraid of change and want to make the world better. Let your government know that you don’t want to live in a transphobic society.
It is very hard right now, but as long as we work together, we can make sure no trans children are left behind.
Photos Courtesy of Public Domain Pictures
