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Analysis: With transgender care ruling, Chief Justice Roberts tries to avoid extremes

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Original Story by CNN
June 19, 2025
Analysis: With transgender care ruling, Chief Justice Roberts tries to avoid extremes

Context:

Chief Justice John Roberts authored a Supreme Court decision upholding state restrictions on gender-affirming care for minors, specifically puberty blockers and hormone therapy, while avoiding broader implications that conservative justices advocated for. The decision was focused on a Tennessee law and classified the restriction as related to age and medical use rather than sex, which could have triggered equal protection violations. Roberts' opinion did not extend protections from the Bostock v. Clayton County case, which addressed employment discrimination based on sexual orientation and gender identity, to this context. Liberal justices, led by Sonia Sotomayor, criticized the decision for abandoning vulnerable transgender youth to political whims and noted the broader discriminatory environment against transgender individuals. The decision reflects Roberts’ tendency to keep major cases to moderate extremes, contrasting with the Trump administration's ongoing policies targeting transgender rights, including military service restrictions.

Dive Deeper:

  • Chief Justice John Roberts wrote the Supreme Court opinion that upheld state bans on gender-affirming care for minors, specifically targeting puberty blockers and hormone therapy, but avoided adopting broader conservative reasoning that could increase discrimination against transgender individuals.

  • The ruling focused on a Tennessee law that prohibits healthcare providers from offering gender-affirming treatments to minors, framing the restriction as related to age and medical use rather than sex, which would have implicated constitutional equal protection concerns.

  • Roberts' decision did not expand protections from the Bostock v. Clayton County ruling, which prohibits employment discrimination based on sexual orientation and gender identity, to the context of gender-affirming care for minors.

  • The liberal dissent, led by Justice Sonia Sotomayor, criticized the court's decision for failing to offer meaningful judicial review, thereby leaving transgender youth and their families vulnerable to political influences and discrimination.

  • The ruling reflects Roberts’ strategy to moderate the court's stance, contrasting with the Trump administration’s actions, which have included targeting transgender rights through executive orders and policies affecting military service.

  • Justice Amy Coney Barrett and Justice Clarence Thomas expressed opinions that questioned whether transgender individuals should receive heightened legal protection, suggesting that such scrutiny could extend to various policy areas, including sports and restroom access.

  • The decision has been viewed by advocates as a significant setback for transgender rights, with ongoing legal and political battles anticipated, particularly in light of the Trump administration's aggressive stance on restricting transgender rights.

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