In the concluding part of their series, Akhil and Vikram Amar critically examine the United States v. Skrmetti decision from the last Supreme Court term. The pertinent issue in Skrmetti was the enforcement of Tennessee’s SB1, a law curtailing medical treatments for transgender minors. The authors argue that the court made an analytical misstep by applying a “rational basis review” rather than “intermediate scrutiny,” which is typically required for laws involving sex-based classifications. They suggest that intermediate scrutiny also be applicable to transgender-based classifications.
The discourse delves into the legislative intent of SB1, which prohibits any medical intervention for minors that aligns them with a gender identity different from the one assigned at birth. The authors raise constitutional red flags regarding Tennessee’s dual objectives: promoting an acceptance of birth sex and protecting minors from potentially harmful medical treatments. The scrutiny focuses on whether these objectives reflect legitimate governmental concerns or divulge an implicit disdain for transgender identities. The article further explores the broader implications of SB1 in the context of Tennessee’s legislative climate and its potential bias against transgender individuals, referencing cases such as Michael M. v. Superior Court and Hunter v. Underwood for precedent.
Emphasizing the importance of context, the Amars argue that Tennessee’s SB1 must be analyzed for both constitutionally permissible and impermissible motivations. They advocate that any illegitimate legislative motives should deem the law invalid unless proven to be a “harmless error.” This analysis calls for a reassessment of how courts typically address equality disputes and encourages greater diligence in uncovering potentially improper governmental motives. The Amars conclude with a broader reflection on birth-equality principles and hint at their future implications for other significant cases, such as those concerning birthright citizenship, urging readers to remain attentive for continuing updates.