HE/SHE/THEY: Supreme Court to rule on pronoun use for minors
It seems almost impossible, even for a lawyer, to conjure how the Supreme Court could make a decision on pronoun use, even as regards to minors. Then the story is laid out and it seems likely they’ll take the case.
Knowing this Supreme Court, things don’t look good for transgender kids, and that’s a tragedy. Transgender teens are one of the most vulnerable demographics in this country.
Surely, conservatives looked over the vista, saw a very partisan Supreme Court, and perceived an opportunity.
The basic premise is forehead-slapping obvious, as set out by a Politico report:
“The legal issues in these cases are not easy ones, pitting children’s rights against their parents’ rights. Upset parents contend that by using a child’s preferred pronouns without their knowledge, government actors are illegally providing medical care without the parental consent that state law mandates. Weighing against the parents are their kids’ requests as well as state laws requiring that schools provide non-discriminatory environments in which students can safely express their gender identities. According to the Human Rights Campaign, 22 states and the District of Columbia have laws protecting students from harassment based on gender identity.”
The issue is even more likely to reach the Supreme Court because three different appellate courts have already confronted the issue and used different elements of the law to render their decision.
Conflicting opinions among the circuits, especially on a burgeoning topic, will almost always get the issue in front of the Supreme Court.
Personally, I sure don’t see how the use of a pronoun inherently involves providing medical care for the student.
Even though the ruling would center on school administration and not the civil rights of transgender Americans, the decision will almost surely impact transgendered kids and adults rights across many issues.
Additionally, it invites an unelected court to once again settle culture war questions that are partisan, whether they should be or not.
It will also at least touch upon what is taught and tolerated in public schools, something traditionally left to local school boards.
It also can’t avoid being a powerful sign as to whether the court will permit discrimination on the basis of non-conforming gender identity under the Constitution itself.
We already know how strongly one side feels about the issue.
Trump admin. asks SCOTUS to legalize firing workers for being transgender.
In this week's episode of #WITHPod, @chrislhayes talks to ACLU lawyer Chase Strangio about the many complex factors at play in the fight for transgender rights.
Listen: https://t.co/AoIcuQqQXt pic.twitter.com/iaKaUxG36n
— MSNBC (@MSNBC) September 3, 2019
This column is based primarily on reporting by Kimberly Wehl of Politico
I can be reached at jasonmiciak@gmail.com and on X @JasonMiciak.
Editor’s note: This is an opinion column that solely reflects the opinions of the author.
