Equal protection

It all depends on how you look at it.

US Supreme Court tosses rulings that favored transgender people

Did they favor trans people though? Depends on how you look at it.

The U.S. Supreme Court threw out on Monday judicial decisions that favored transgender people in cases from North Carolina, West Virginia, Idaho and Oklahoma, including in legal challenges to state health insurance programs that deny coverage for patients seeking gender-affirming medical treatment.

That’s a car-crash of a sentence. The issue isn’t “favoring” trans people, it’s whether there is such a thing as “gender-affirming medical treatment.” Affirming gender isn’t really a medical category – gender itself isn’t really a medical category. Sex is, and sex is not switchable.

What the reporter was trying to say is that the Court threw out decisions that challenged health insurance that refuses to pay for efforts to change sex. It’s not obvious to gender atheists that insurance should pay for efforts to change sex. It can’t be done, so why waste money trying, and that’s before we even get to the whole “first do no harm” thing.

It’s just not obvious that doctors and hospitals should be trying to change people’s sex, so it’s not obvious that insurance plans should pay them to do so.

The Supreme Court decided that Tennessee’s ban on youth transgender care did not violate the U.S. Constitution’s 14th Amendment promise of equal protection, as challengers to the law had argued. The court’s conservative justices were in the majority and liberal justices in dissent in the 6-3 decision.

What if the real equal protection here is protecting credulous adolescents from people who claim sex can be returned to the store for an upgrade?

Gender dysphoria is the clinical diagnosis for significant distress that can result from an incongruence between a person’s gender identity and the sex assigned at birth.

Now define “significant distress.” Explain how it differs from, for instance, significant distress over being too short or tall, too fat or thin, too yourself instead of someone else. Explain how it’s a medical issue, and how it’s known for certain that surgical or pharmaceutical interventions will make everything better. Explain how anyone knows for sure that significant distress about the self won’t resolve itself as the person in distress gets older.

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