Whether the Kentucky treatment ban on certain medical treatments for transgender minors should be subject to heightened scrutiny under the Due Process Clause and Equal Protection Clause

QUESTIONS PRESENTED In 2023, the Kentucky Legislature enacted a blanket ban on the use of certain medical treatments for transgender minors. The ban applies when the treatments are used “for the purpose of attempting to alter the appearance of, or to validate a minor’s perception of, the minor’s sex, if that appearance or perception is inconsistent with the minor’s sex.” Ky. Rev. Stat. § 311.872(2) (the “Treatment Ban”). A federal district court preliminarily enjoined the Treatment Ban, but the Sixth Circuit reversed the injunction, upholding the Treatment Ban under rational basis review. The questions presented are: 1. Whether, under the Due Process Clause, the Treatment Ban should be subjected to heightened scrutiny because it burdens parents’ right to direct the medical treatment of their children. 2. Whether, under the Equal Protection Clause, the Treatment Ban should be subjected to heightened scrutiny because it classifies on the basis of sex and transgender status. 3. Whether Petitioners are likely to show that the Treatment Ban does not satisfy heightened scrutiny.