Katie R. Eyer (Rutgers, The State University of New Jersey – Rutgers Law School) has posted Transgender Equality: An Inflection Point for Equal Protection? (University of Cincinnati Law Review, Vol. 93, Iss. 4 [2025], Art. 1) on SSRN. Here is the abstract:
This Term, the Supreme Court is hearing its first case addressing the Equal Protection rights of the transgender community, United States v. Skrmetti. Skrmetti will clearly have profound implications for transgender rights, but what could be the implications of Skrmetti for constitutional equality law? This short essay suggests that the impact of Skrmetti for wider Equal Protection doctrine will be significant, regardless of how it is resolved. This is because Skrmetti requires the Court to decide whether to reaffirm, or conversely to turn away from, the core doctrines that have shaped Equal Protection law since Brown v. Board of Education.
Recommended.