Skrmetti’s reasoning here is directly referencing a 1974 case, Geduldig v. Aiello, holding that pregnancy is not a gender issue because “nonpregnant persons” can be any gender. Legal scholars never took seriously how Geduldig leads to “banning trans care is not trans discrimination.” So here we are.
here's the preprint/free download: philpapers.org/rec/PPAFRV
Alito has also argued that "pregnant persons can be any gender" in a by your logic sort of way so I suspect he will try to revive this in order to throw in the face of sex equality arguments
oh for sure! he already said as much in Dobbs; it’s just too tempting an opportunity for him to troll