
amethyst_headphone51
Constitutional hot take: HRT for gender transition is a form of expressive conduct, and most if not all prohibitions against minors’ access to it are unconstitutional under the First Amendment.(1/2) The first argument the State raises would be that it’s a content-neutral restriction and therefore only subject to intermediate scrutiny (which is easier for them to win under). IMO that would be thrown out incredibly fast, because the State’s concern is often expressly to restrict manifestations of trans-ness in minors.
(2/2) After that it’s a matter of whether the State has an important enough interest and whether the means selected are not to over/under-inclusive. This I think is where litigation would get a lot more intense. IMO the state’s strongest argument is from its interest in protecting minors’ health but there’s just not enough evidence to support the proposition that their bans have a positive impact at all, let alone strong enough to justify such a major restriction.
Why shouldn’t minors have access to hormone therapies? It’s not like there’s a high regret rate, but refusing care does cause an elevated risk of harm to the patient. Those are just the facts. Even if we wanted to argue public policy (which isn’t what this post is about) you still wouldn’t have any legs to stand on.
None of that can be reasonably characterized as expressive conduct, that’s why. Gender transition is using your appearance to communicate information to the public regarding both your beliefs regarding gender and society, and how you desire others to regard and interact with you. That’s expressive conduct, doing drugs isn’t. To the extent it COULD be, the state has an overriding interest in prohibiting that form of expression under intermediate scrutiny.