Can a state ban transgender treatments on minors?

The Supreme Court will decide.

I'm Virginia Allen, and this is the Daily Signal's top news in 10 for Wednesday, December 4th.

The Supreme Court heard oral arguments today for a major transgender case.

The big question before the court is can a state ban transgender treatments on minors?

Tennessee passed a law banning such treatments on anyone under the age of 18.

But attorneys representing the United States

argued that such a ban is a violation of the Equal Protection Clause of the Constitution.

Now, the Equal Protection Clause of the Constitution was passed following the Civil War to prevent

discrimination against blacks. Heritage Foundation Senior Legal fellow Sarah Partial Perry told the Daily

Signal's Problematic Women podcast that the Supreme Court has applied the Equal Protection

Clause only to immutable characteristics, things like race, sex, or nationality, never to something

like gender identity. The Supreme Court has never determined that something that is subjective and internal,

something that you choose and you act upon, is sufficient for constitutional protection.

In fact, they've been asked to give protection to education level or poverty status.

Both times the Supreme Court has said, no way.

We want to keep it, those immutable characteristics.

That's the clean line right here with the Constitution.

The Daily Signals, Elizabeth Mitchell, was inside the Supreme Court watching the arguments

before the justices this morning.

Elizabeth, thanks for being here.

Thanks, Virginia.

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