The Comparator Argument in Trans-Healthcare Ban Cases

The article discusses the overlooked comparator argument in legal cases against bans on gender affirming care for minors, highlighting that both transgender and cisgender minors receive such care for similar reasons, like unwanted physical developments. It argues that denying transgender minors care while allowing it for cisgender minors constitutes sex discrimination. The article emphasizes the doctrinal importance of this argument for equal protection challenges, noting that it was underemphasized in past litigation. It calls for further research and development of this argument to strengthen future advocacy efforts.