'The decision asserted that gender identity, contrary to biology, is 'a core part of who you are,' cannot be changed, and that efforts to affirm biological sex are ineffective and harmful, not to mention also unconstitutional.' -Adam Carrington
. There, the court found that firing a person for identifying as a sex other than his or her biological one violated the Civil Rights Act of 1964.
Judge Moore argued along the same lines regarding the Arkansas law. By his lights, that law also discriminated on the basis of sex by limiting the medical care a minor could receive to that consistent with maintaining his or her biological sex.
Moore’s assertions effectively create a “suspect class,” meaning, those who identify as a variant gender identity can be considered as having been singled out for mistreatment and should receive special, heightened constitutional protection. This judicially-created category has been reserved in the past for fighting racial discrimination or discrimination based on one’s biological sex.
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