Alito questions trans attorney over trans 'rights' for minors

By Jen Krausz on
 December 6, 2024

Conservative Supreme Court Justice Samuel Alito questioned the first transgender attorney to argue a case in front of the court on Wednesday, asking questions about whether children have a federal right to so-called affirming healthcare.

Alito was doubtful about whether being transgender was "immutable," that is, whether it is something inherent that cannot be changed.

In fact, four out of five minors who say they are transgender as children change their minds by the time they are 18, so Alito is correct.

The attorney, Chase Strangio, disagreed, however. “I think that the record shows that the discordance between a person’s birth, sex and gender identity has a strong biological basis and would satisfy an immutability test,” he said.

The case came about after Tennessee banned transgender healthcare for minors, such as puberty blockers and testosterone treatments as well as gender transition surgeries.

“The Constitution leaves that up to the people’s representatives, rather than to nine people, none of whom is a doctor,” said Chief Justice John Roberts during oral arguments.