In the opinion, the judge said that transgender people are not a “politically powerless” group, addressing claims from activists that the law deserves “heightened scrutiny” due to the perceived oppression of transgender people.

“Whatever may have been true in the past about our society’s treatment of individuals with gender dysphoria, some of it surely lamentable, it is difficult to maintain that the democratic process remains broken on this issue today,” the judge wrote. “The President of the United States and the Department of Justice support the plaintiffs. A national anti-discrimination law, Title VII, protects transgender individuals in the employment setting.”

“Fourteen States have passed laws specifically allowing some of the treatments sought here. Twenty States have joined an amicus brief in support of the plaintiffs. The major medical organizations support the plaintiffs. And the only large law firms to make an appearance in the case all entered the controversy in support of the plaintiffs. These are not the hallmarks of a skewed or unfair political process.”

[Are they kidding? They are cultural and political darlings at the moment, and it’s their critics that get their views and arguments suppressed. It’s good to see a court rebuke this use of marketing language in legal arguments. It’s absurd on its face. — Ed]