Transgender woman sues after being denied free breast cancer screening
The legal definition of "female" is at the center of a new lawsuit. Jennifer Blair, a transsexual woman, is suing for the right to get free breast cancer screenings.
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#1 Oct 15, 2013
This is clearly discrimination and a denial Equal Protection under the 14th Amendment even using a rational basis test because even men can get breast cancer. Scientifically and medically speaking being transgender is an immutable characteristic and the courts are now trending to even apply a stricter Equal Protection test of "heightened scrutiny."I suspect at some point it may even be subject to a "strict scrutiny" test because this is an innate characteristic at birth.
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