In Supreme Court battle over transgender rights, conservatives look to an unlikely ally: Europe

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12/03/2024

When the Supreme Court hears oral arguments Wednesday in a major fight over Tennessee’s ban on gender-affirming care for minors, conservatives defending the law plan to point to an unexpected place as a model: Europe. Two decades ago, Republicans appeared allergic to foreign influence on the U.S. legal system, decrying Supreme Court decisions that looked abroad — often to Europe — for guidance on culture-war issues like gay rights and the death penalty. Now, that aversion seems to have eroded. Lawyers and legislators on the right are embracing recent moves to restrict some types of care for transgender minors in four European countries. And these American conservatives are using them as evidence that new bans or limits on such treatment in Tennessee and 25 other states are not only prudent — but also consistent with the U.S. Constitution.

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