A GOP Supreme Court will now decide the fate of transgender Americans

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11/15/2024

It’s hard to imagine a worse time for the Supreme Court to hear United States v. Skrmetti, arguably the most important trans rights case the justices have ever heard. Skrmetti asks whether discrimination against transgender people can violate the Constitution, a question the Court has never answered. A decision against the trans plaintiffs in Skrmetti, moreover, could potentially upend the entire legal framework protecting Americans from gender discrimination of all kinds. A Court with a 6-3 Republican supermajority plans to hear Skrmetti in early December, less than a month after an election in which, according to the Washington Post, GOP campaigns “spent at least $215 million on network ads that paint trans people as a menace to society.” President-elect Donald Trump made anti-trans rhetoric a key part of his campaign, promising, for example, that if elected, he would keep “transgender insanity the hell out of our schools, and we will keep men out of women’s sports.”

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