A victory for human rights from the U.S. Supreme Court today. It also sent a mixed signal on abortions.
The human rights victory was the court’s decision to decline to hear a challenge of a Pennsylvania school district policy to allow transgender students to use bathrooms of their choice.
The challenge was raised by the Alliance Defending Freedom, a group that uses religion as a club against LGBT people.
Too bad the legislature in Arkansas has adjourned. Surely Sen. Trent Garner could gin out a resolution decrying this.
As for abortion, the U.S. Supreme Court struck something of a compromise on the appeal of a circuit court decision striking down an Indiana law aimed at discouraging abortions. It reversed a circuit court and upheld a portion of the law that requires burial or cremation of fetal remains. But it also allowed to stand the ruling that struck down a provision that prohibited abortions sought because of the sex or race of the fetus or because of a potential diagnosis of Down syndrome or other disability. The court said it would follow practice of allowing such rulings to stand absent a similar case from other circuit courts.
Arkansas has a similar fetal remains law. The 2019 legislature passed a law to ban abortions of fetuses with Down syndrome potential. A 2017 law banned so-called sex selection abortions.
Justices Ruth Bader Ginsburg and Sonio Sotomayor would have upheld the circuit court decision striking down the entirety of the Indian law.