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Justice Clarence Thomas Argues That 'Gender-Affirming Care' Is Sex Discrimination

AP Photo/J. Scott Applewhite, File

The Supreme Court has been hearing arguments Wednesday on the constitutionality of Tennessee's ban on "gender-affirming care" for minors. Justice Sonia Sotomayor likened sex-change surgery to taking an aspirin: "Every medical treatment has risk. Even taking aspirin," she argued. Supreme Court Justice Ketanji Brown Jackson shocked listeners today when she compared child sex change restrictions to bans on interracial marriages.

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Fortunately, there was some common sense from Justice Samuel Alito who argued that civil rights are based on immutable human traits, so if gender is fluid and changing, it's not immutable.

Our favorite justice, Clarence Thomas, also came in with a "killer question."

Strangio said the plaintiff (a girl who identifies as a boy) would be allowed to get drugs for "a typical male puberty" despite having a "birth sex [of] female." That answer made clear that girls who identify as boys would get a right under the Constitution to testosterone, but boys who identify as boys would not, which is...sex discrimination!  Genius.

Good one.

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