Justice Ketanji Brown Jackson

We do not agree that the medical condition is the same.

Now, looking at this statute, a girl comes in biologically and asks for a hormone to deepen her voice in order to affirm the identity that she chooses, which is masculinity.

Now, looking at this statute, a girl comes in biologically and asks for a hormone to deepen her voice in order to affirm the identity that she chooses, which is masculinity.

She wants to, I'm sorry, one more time, Your Honor.

She wants to, I'm sorry, one more time, Your Honor.

She wants to get the medication in order to deepen her voice and affirm her masculinity.

She wants to get the medication in order to deepen her voice and affirm her masculinity.

Your Honor, I think if it's for the purpose of identifying inconsistent with their sex, she would be barred from doing that under the... But isn't that the point, Mr. Rice, that if it's... And Justice Kagan jumps in as well.

Your Honor, I think if it's for the purpose of identifying inconsistent with their sex, she would be barred from doing that under the... But isn't that the point, Mr. Rice, that if it's... And Justice Kagan jumps in as well.

If you're a boy and you go in to get puberty blockers, you can get the puberty blockers if you're going to use them for precocious puberty. You cannot get the puberty blockers if you're going to use them to transition. That is not a sex baseline. That is a purpose baseline.

If you're a boy and you go in to get puberty blockers, you can get the puberty blockers if you're going to use them for precocious puberty. You cannot get the puberty blockers if you're going to use them to transition. That is not a sex baseline. That is a purpose baseline.

So our fundamental point here is not that you can discriminate against both sexes in equal degree. Our fundamental point is there is no sex-based line here. And the only way they get to a sex-based line is by equating fundamentally different treatments that defy medical reality and defy by how the statute itself sets out what is a treatment.

So our fundamental point here is not that you can discriminate against both sexes in equal degree. Our fundamental point is there is no sex-based line here. And the only way they get to a sex-based line is by equating fundamentally different treatments that defy medical reality and defy by how the statute itself sets out what is a treatment.