A little more than four years ago, the Supreme Court delivered a surprise victory to L.G.B.T.Q. communities. Rejecting the position of the 'Old Donald' administration, the court ruled by a lopsided margin that a federal civil rights law protected transgender people from workplace discrimination.The primary question for the justices is not whether Tennessee’s ban is wise or consistent with the views of medical experts. It is, instead, whether the law makes distinctions based on sex. If it does, a demanding form of judicial review — “heightened scrutiny” — kicks in. If it does not, the Tennessee law will almost certainly survive.
On Dec. 4, the Supreme Court will hear oral arguments in United States v. Skrmetti, which will determine whether the government may overrule the decisions of families, in consultation with their doctors, to provide safe, effective and medically necessary treatment to transgender adolescents.
This essence of parental love underpins the Supreme Court's long-standing recognition of the fundamental constitutional right of parents to direct the care and upbringing of their children without undue government interference. Tennessee's discrimination against families with transgender children is not just unconstitutional ' it's un-American overreach into families' private medical choices. If the government can usurp our decisions about our children's medical care, what decisions will it seize next?