The gender identity debate's unfairness

The gender identity debate's unfairness

As the state and nation debate gender-affirming care for transgender individuals, it's worth asking: What do we already accept without question?

The Limits of Anti-Classification Doctrine in U.S. v. Skrmetti

For decades, the U.S. Supreme Court has embraced an “anti-classification” approach to the Equal Protection Clause of the U.S. Constitution. Under this approach, all classifications based on certain identities—including race, sex, and national origin—are subject to a higher level of judicial review. In other words, where the government relies on certain types of classifications, courts are supposed to give the government’s actions a closer look, …