US Court upholds ban on gender-affirming care for kids
The justices' 6-3 decision effectively protects from legal challenges many efforts by President Donald Trump's administration and state governments to roll back protections for transgender people. Another 26 states have laws similar to Tennessee's.
Chief Justice John Roberts wrote for a conservative majority that the law banning puberty blockers and hormone treatments for trans minors doesn't violate the Constitution's equal protection clause, which requires the government to treat similarly situated people the same.
"This case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field. The voices in these debates raise sincere concerns; the implications for all are profound," Roberts wrote. "The Equal Protection Clause does not resolve these disagreements. Nor does it afford us license to decide them as we see best."
The court's three liberal justices dissented from the ruling, among them Justice Sonia Sotomayor who wrote, "By retreating from meaningful judicial review exactly where it matters most, the court abandons transgender children and their families to political whims. In sadness, I dissent."
The law also limits parents' decision-making ability for their children's health care, she wrote.
The decision comes amid other federal and state efforts to regulate the lives of transgender people, including which sports competitions they can join and which bathrooms they can use. In April, Trump's administration sued Maine for not complying with the government's push to ban transgender athletes in girls sports.
And the Supreme Court has allowed him to kick transgender service members out of the military, even as court fights continue. The president signed another order to define the sexes as only male and female.
Several states where gender-affirming care remains in place have adopted laws or state executive orders seeking to protect it. But since Trump's executive order, some providers have ceased some treatments. For instance, Penn Medicine in Philadelphia announced last month it wouldn't provide surgeries for patients under 19.
The president of the American Academy of Pediatrics, Dr. Susan Kressly, said the organisation is "unwavering" in its support of gender-affirming care.
Chase Strangio, the American Civil Liberties Union lawyer who argued the case for transgender minors and their families, called the ruling "a devastating loss for transgender people, our families, and everyone who cares about the Constitution."
Meanwhile, the acting chair of the federal agency that enforces workers rights acknowledged on Wednesday that transgender workers are protected under civil rights laws but defended her decision to drop lawsuits on their behalf, saying her agency must comply with Donald Trump's orders.
Andrea Lucas, who was first appointed to the Equal Employment Opportunity Commission in 2020 and elevated to chair in January, spoke at her confirmation hearing at the Senate. Her nomination to serve another five-year term as an EEOC commissioner requires Senate confirmation, though whether she stays on as chair will be up to Trump.
Lucas, a strident critic of diversity and inclusion programs and proponent of the idea that there are only two immutable sexes, repeatedly declared that the EEOC is not independent and vowed to enthusiastically follow Trump's executive orders. Those include orders aimed at dismantling diversity and programs in the public and private sectors and declaring that the federal government would only recognise the male and female sexes.
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The Age
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Australia news LIVE: Albanese, Chalmers reject union push for four-day work week; Trump declines to criticise Albanese's Palestine state call
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an hour ago
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Donald Trump's National Guard troop deployment tests limits of 150yo law
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He also previously found the Trump administration had violated the US Constitution's 10th Amendment, which defines power between federal and state governments. The Trump administration immediately appealed, arguing that courts can't second-guess the president's decisions. It secured a temporary halt, allowing control of the California National Guard to stay in federal hands as the lawsuit unfolds. During the trial's first day, a handful of witnesses were called for testimony. Deputy Commanding General for the National Guard Major General Scott Sherman said the military can protect federal property and federal agents in their mission carrying out federal operations. He said they could take certain law enforcement actions, such as setting up a security perimeter outside of federal facilities, if a commander on the ground felt unsafe. 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Georgetown University Law Center professor of law Steve Vladeck said the ruling in the California case would likely be a narrow interpretation based on the circumstances of the Guard's deployment in Los Angeles. But he said a precedent could still dictate how the administration used the Guard in California and other states. On Monday, Mr Trump announced he was deploying the National Guard across Washington, DC, and has suggested he may do the same in Chicago. But a court ruling against the Trump administration's use of the National Guard in California could put a pin in those plans. Mr Trump said he was deploying the National Guard and taking over Washington's police department to reduce crime. The president has warned of a takeover since a former Department of Government Efficiency employee Edward Coristine, better known by his online alias Big Balls, was allegedly assaulted during an attempted carjacking last week. Washington falls under federal control, meaning Congress has ultimate jurisdiction over the city. The president is also already in charge of the National Guard in Washington and can legally deploy troops for 30 days without congressional approval, as well as take control of the city's police department for 30 days if he determines there is an emergency. However, Washington Mayor Muriel Bowser says the crime rate in the nation's capital is already falling after a spike in 2023. ABC/AP
