How the Transgender Rights Movement Bet on the Supreme Court and Lost
How the Transgender Rights Movement Bet on the Supreme Court and Lost
Quote:Others, however, saw the Skrmetti case as a tragic gamble built on flawed politics and uncertain science. Over the last decade, they told me, the movement was consumed by theories of sex and gender that most voters didn’t grasp or support, radicalizing its politics just as the culture wars reignited and the Supreme Court began moving further right. And as Skrmetti and other lawsuits made their way through federal courts, some of the central medical claims girding the legal case for pediatric gender treatments — that decades of thorough study had found them to be safe and effective — began to unravel amid growing scrutiny by other doctors and experts.
Last summer, thousands of emails and other documents released in a case challenging Alabama’s ban raised further questions about medical standards at the heart of the A.C.L.U.’s lawsuit against Tennessee. “This case exposes a lot of ethical problems in the practice of medicine,” a law professor with expertise in sex-discrimination law told me, speaking on the condition of anonymity for fear of blowback from students and colleagues. “For Skrmetti to be the next step in a progress narrative — an incrementalist would say, This is way far from where we ought to be.”
Along the road to Skrmetti, some believe, the L.G.B.T.Q. movement drove itself toward a cliff — and took the Democratic Party with it, chaining the Biden administration to one of the most divisive issues in American politics at a moment of shifting medical consensus and fierce polarization.
Quote:Others, however, saw the Skrmetti case as a tragic gamble built on flawed politics and uncertain science. Over the last decade, they told me, the movement was consumed by theories of sex and gender that most voters didn’t grasp or support, radicalizing its politics just as the culture wars reignited and the Supreme Court began moving further right. And as Skrmetti and other lawsuits made their way through federal courts, some of the central medical claims girding the legal case for pediatric gender treatments — that decades of thorough study had found them to be safe and effective — began to unravel amid growing scrutiny by other doctors and experts.
Last summer, thousands of emails and other documents released in a case challenging Alabama’s ban raised further questions about medical standards at the heart of the A.C.L.U.’s lawsuit against Tennessee. “This case exposes a lot of ethical problems in the practice of medicine,” a law professor with expertise in sex-discrimination law told me, speaking on the condition of anonymity for fear of blowback from students and colleagues. “For Skrmetti to be the next step in a progress narrative — an incrementalist would say, This is way far from where we ought to be.”
Along the road to Skrmetti, some believe, the L.G.B.T.Q. movement drove itself toward a cliff — and took the Democratic Party with it, chaining the Biden administration to one of the most divisive issues in American politics at a moment of shifting medical consensus and fierce polarization.
Quote:In recent months, Strangio and other trans activists have pleaded for broader public solidarity with their cause, arguing that the defense of gender-affirming care is closely intertwined with the defense of reproductive freedom and bodily autonomy for women. But when I asked Romero if the A.C.L.U. had consulted with women’s rights groups before bringing Skrmetti — with its high-stakes claims about sex-discrimination protections — before the Supreme Court, he seemed impatient. “I don’t play ‘Mother May I?’ with a group of sister organizations,” Romero said. “I don’t run a peer-review journal. I make the best decisions for this organization on its own.”
This gem is feeling especially relevant….
Quote:In recent months, Strangio and other trans activists have pleaded for broader public solidarity with their cause, arguing that the defense of gender-affirming care is closely intertwined with the defense of reproductive freedom and bodily autonomy for women. But when I asked Romero if the A.C.L.U. had consulted with women’s rights groups before bringing Skrmetti — with its high-stakes claims about sex-discrimination protections — before the Supreme Court, he seemed impatient. “I don’t play ‘Mother May I?’ with a group of sister organizations,” Romero said. “I don’t run a peer-review journal. I make the best decisions for this organization on its own.”
From the article:
“I didn’t pick this fight around trans rights,” Anthony Romero, the A.C.L.U.’s executive director, told me in an interview not long before the decision. “The right-wing conservatives of the MAGA G.O.P. have made this one of their cause célèbre issues as a way to kind of scapegoat individuals, as a way to score cheap political points.”
Romero's not wrong but the problem is, that accusation goes both ways. Trans activists, progressives, Democrats also made this one of their cause célèbre issues as a way to kind of scapegoat individuals, as a way to score cheap political points.
I also think Romero's dismissive comments about not consulting with women's rights groups points to people at the ACLU wanting to use this case to build their own profiles and legacies, as much or more than about doing what they thought was right for trans people. They wanted to be law-famous. And Romero clearly has a typically male attitude toward aligning with women: Get out of my way, ladies, I'm about to make history!