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From New Yorker

From Vox

Thus, the Alliance Defending Freedom, a Christian-right law firm that routinely brings anti-LGBTQ cases to the Supreme Court, has argued that public schools should be forbidden from allowing transgender children to use the bathroom that aligns with their gender identity because doing so violates the privacy rights of cisgender students who do not wish to share a bathroom with their trans classmates.

The worst possible outcome for transgender youth is that the Supreme Court could transform the right to privacy, long a safeguard of LGBTQ rights, into a sword that can be wielded to force the government to adopt anti-trans policies — even in jurisdictions where transgender rights enjoy broad local support.

At least one judge, moreover, has already weaponized the right to privacy to undermine access to birth control. Matthew Kacsmaryk, a Trump judge with close ties to the religious right, ruled in 2022 that the Meyer right to decide how to raise children allows a father who objects to birth control to limit his daughters’ access to contraception.

In any event, the one thing that can be said with certainty about the current Supreme Court is that it is a chaos agent. The justices will do what they want, when they want to do it, regardless of what precedent has to say about the matter.

And all the rest of us can do is wait to see the fallout.

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