Can Tennessee Ban Medical Transitions for Transgender Minors?

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 5 December 2024

⏱️ 62 minutes

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Summary

A Tennessee law prohibits transgender minors from receiving gender transition surgery and hormone therapy. Professor Kurt Lash of the University of Richmond and David Gans of the Constitutional Accountability Center join Jeffrey Rosen to debate whether the law violates the Equal Protection Clause of the 14th Amendment. Resources: U.S. v. Skrmetti, Supreme Court oral argument (audio via C-SPAN; transcript) Kurt Lash, Amicus Curiae in Support of Respondents, U.S. v. Skrmetti David Gans, Amicus Curiae in Support of Petitioner and Respondents in Support of Petitioner, U.S. v. Skrmetti Bostock v. Clayton County (2020) Geduldig v. Aiello (1974) Loving v. Virginia (1967) Stay Connected and Learn More Questions or comments about the show? Email us at [email protected] Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

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0:00.0	A Tennessee law prohibits transgender minors from receiving gender transition surgery and hormone therapy.
0:06.4	The Supreme Court this week heard oral arguments in U.S. v. Scrimetti, which asks whether the Tennessee
0:12.5	bill violates the Equal Protection Clause of the 14th Amendment.
0:19.4	Hello, friends. I'm Jeffrey Rosen, President and CEO of the National Constitution Center,
0:24.1	and welcome to We the People, a weekly show of constitutional debate.
0:28.4	The National Constitution Center is a nonpartisan nonprofit, chartered by Congress, to increase
0:33.5	awareness and understanding of the Constitution among the American people.
0:43.3	In this episode of We the People will explore whether or not the Tennessee bill classifies on the basis of sex and is subject to heightened scrutiny under the 14th Amendment.
0:48.0	Joining me are two leading constitutional scholars who filed briefs on opposite sides of the case,
0:54.3	David Gans of the Constitutional Accountability Center and Kurt Lash of the University of Richmond
0:59.4	School of Law.
1:00.6	David Gans is director of the Human Rights, Civil Rights, and Citizenship Program
1:04.9	at the Constitutional Accountability Center.
1:07.7	He joined the CAC after serving as program director of Cardozo Law School's
1:13.2	Flauchheimer Center for Constitutional Democracy, and he wrote on behalf of CAC a brief
1:19.5	in support of the petitioner. David, it's wonderful to welcome you back to We the People.
1:24.2	Thanks so much, Jeff. Thanks for having me. And Kurt Lash is the E. Claiborne Robbins,
1:29.4	distinguished professor of law at the University of Richmond. He's the founder and director of the
1:33.7	Richmond program on the American Constitution. He's working on a forthcoming book,
1:38.3	A Troubled Birth of Freedom, The Struggle to Amend the Constitution in the aftermath of the Civil
1:43.7	War. Kurt wrote a brief the aftermath of the Civil War.
1:46.8	Kurt wrote a brief in support of the respondent.
	...

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