U.S. Supreme Court Justice Ketanji Brown Jackson argued Wednesday that a ban on surgeries for transgender children is similar to a ban on interracial marriage.
Jackson said the state's ban on surgeries for transgender children appears to rely in part on classification arguments similar to those the state has used in the past regarding interracial marriage. insisted. The court is hearing arguments regarding transgender surgeries after the Biden Justice Department sued Tennessee over its March 2023 ban.
“There is a stark parallel in the law that says you can’t do anything contrary to a protected characteristic.”
“The question was whether it was discriminatory because it applied to both races, not necessarily whether it was offensive, but reading the legal text here while asking the lawsuit here. “The court begins by saying that Virginia is currently one of 16 states that prohibit and penalize marriage based on racial classification,” Jackson said.
“And when you look at the structure of that law, it's kind of the same thing in terms of not being able to contradict your own characteristics,” she added. “So it's interesting to me that we're having this different discussion now. Virginia could get away with what they did here just by having a classification argument, like Tennessee did this time. I wonder if it was.”
U.S. Attorney General Elizabeth Preloger agreed with Jackson's characterization.
“Yes, I think you're right. There is an absolute parallel in the law that says you can't act against a protected characteristic,” she replied.
The audio of the comment is circulated Proponents of the ban in Tennessee are speaking out on social media.
Democrats have struggled to fully explain their election losses, with some pointing to the unpopular issue of transgender child surgeries as part of the problem. Some are scolding Democrats on the issue and demanding they go all-in on more extreme transgender policies, even though polls show most Americans oppose transgender policies. There is.
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