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US Politics 1w
Why are we challenging HRT bans on equal protection grounds? Gender expression is expressive conduct and automatically gets heightened scrutiny under the Free Speech Clause. We should be fighting more strategically.
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Anonymous 1w

I like this approach. The one tricky issue would be developing a legal theory that gets the court to treat medical care as part of that protected speech, much as they equated money to speech in Citizen's United. it would be novel, but not impossible.

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Anonymous replying to -> full.metal.everything. 1w

Yeah based on my research so far this argument hasn’t really been tested so far, but this is a case from the 2nd Circuit holding that gender expression through clothing is protected speech which is promising in terms of showing the basic principle is sound.

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Anonymous replying to -> OP 1w

there* is a case

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