Is there an argument for trans rights based on Originalism?
Equal justice apparently isn't equal anymore.
I wanted to preference that I am someone currently taking a Constitutional Law class in their law school and was recently thinking about some recent cases. When people argue for the rights of trans people it seems to come from a more of a "the Constitution is a living document" type arguments. Although, how would an Originalist argue for trans rights? Like I see people use the 14th amendment with the equal protection clause, but since it's kind of vague, I don't see Originalist liking that argument especially after the majority ruling of U.S. v. Skrmetti. Since Originalism seems so in vouge for the Supreme Court for a while, what legal arguments could advocates for trans rights make to convince the Court to help them against laws targeting them?
Equal justice apparently isn't equal anymore.
I wanted to preference that I am someone currently taking a Constitutional Law class in their law school and was recently thinking about some recent cases. When people argue for the rights of trans people it seems to come from a more of a "the Constitution is a living document" type arguments. Although, how would an Originalist argue for trans rights? Like I see people use the 14th amendment with the equal protection clause, but since it's kind of vague, I don't see Originalist liking that argument especially after the majority ruling of U.S. v. Skrmetti. Since Originalism seems so in vouge for the Supreme Court for a while, what legal arguments could advocates for trans rights make to convince the Court to help them against laws targeting them?
Is there an argument for trans rights based on Originalism?
Equal justice apparently isn't equal anymore.
I wanted to preference that I am someone currently taking a Constitutional Law class in their law school and was recently thinking about some recent cases. When people argue for the rights of trans people it seems to come from a more of a "the Constitution is a living document" type arguments. Although, how would an Originalist argue for trans rights? Like I see people use the 14th amendment with the equal protection clause, but since it's kind of vague, I don't see Originalist liking that argument especially after the majority ruling of U.S. v. Skrmetti. Since Originalism seems so in vouge for the Supreme Court for a while, what legal arguments could advocates for trans rights make to convince the Court to help them against laws targeting them?
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