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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.
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Anonymous 17h

I wonder what the odds of that argument succeeding in court are, it makes sense but I can’t seem to think what the rebuttal would be

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Anonymous 14h

If that's expressive conduct people should be able to shoot up fentanyl, heroin, or meth as their expressive conduct. Why isn't that legal if it's constitutionally protected expression?

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Anonymous 17h

They’re minors… this is almost like saying we should let minors smoke or drink.

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Anonymous replying to -> #1 17h

(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.

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Anonymous replying to -> #2 17h

1) It’s not, because this is an issue of constitutional compliance not public policy. 2) Minors can drink in many other parts of the developed world and it’s fine.

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Anonymous replying to -> #1 17h

(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.

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Anonymous replying to -> amethyst_headphone51 17h

Other parts of the developed world are not the United States. That’s irrelevant. And there’s reasons you can’t just do a lot of things to your body untill you’re a legal adult.

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Anonymous replying to -> #2 17h

I think anyone who’s a legal adult should 100% have access to that if that’s what floats their boat. Minors shouldn’t be making those decisions.

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Anonymous replying to -> #2 17h

It’s not irrelevant, I think we can make more informed policy decisions when we look at the outcomes of policies in similarly-situated jurisdictions. And again, you’re missing the point of my post. This is a LEGAL question, not a policy question.

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Anonymous replying to -> #2 17h

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.

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Anonymous replying to -> amethyst_headphone51 15h

If you genuinely don’t know why then there’s no point in trying to push my point even further

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Anonymous replying to -> #2 15h

I’m going further than saying I don’t know why they should: I explained to you why they *should*. If you can’t contest that with logic then you’re right, there’s no point.

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Anonymous replying to -> amethyst_headphone51 15h

This Supreme Court would absolutely find that this falls under a State’s interest in protecting minors, and that it’s compelling enough to not offend the First Amendment. All the research in the world wouldn’t change that

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Anonymous replying to -> #4 13h

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.

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Anonymous replying to -> amethyst_headphone51 5h

HRT can cause irreparable changes and or damages to the body… that is why... jfc

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Anonymous replying to -> #2 4h

The fact that medicine has side effects does not justify banning effective treatment for children.

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Anonymous replying to -> amethyst_headphone51 3h

Doing HRT is literally just doing drugs. They're just different chemicals and I do use chemicals to communicate information to other people as well as express my beliefs and inform them how I want to be interacted with. They should both be legal.

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