Federal Court Says the Puberty Blockers Lobby is 'Not a Politically Powerless Group'
6th Circuit decision is a clinic on deconstructing 'trans law'
There is law, and then there is ‘trans law.’ Normal law is about facts and the laws. ‘Trans law’ is about pounding the table, for there are no facts underlying it and the laws seldom mean or even say what ‘trans law’ practitioners want them to mean and say.
Last week, the 6th US Circuit Court of Appeals decided that bans on puberty blockade for minors in Tennessee and Kentucky can go into force, vacating the injunction of a lower court. Two of the three judges on the panel issued a blistering rebuke to the American Civil Liberties Union on important points of fact and law.
Children and parents demanding puberty blockers are “not a politically powerless group,” the court observed. Emphasis added:
The President of the United States and the Department of Justice support the plaintiffs. A national anti-discrimination law, Title VII, protects transgender individuals in the employment setting. Fourteen States have passed laws specifically allowing some of the treatments sought here. Twenty S…
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