Medical Evidence and Legal Analysis in Court Challenges to Anti-LGBTQ Policies

IU McKinney Hall Center for Law and Health Virtual Grand Rounds

Medical Evidence and Legal Analysis in Court Challenges to Anti-LGBTQ Policies

States justify statutes aimed at banning medical care for LGBTQ people by arguing that they are serving a state interest, generally protecting children. When statutes are challenged, trial courts must assess the alleged scientific evidence to determine that which is based on methodologically sound science and that which is not, not for the purpose of assessing the merits of the alleged scientific evidence, but, rather, to identify a material question of fact.

The question is whether there is true uncertainty in the science, or whether animus is embedded in the "science" the legislature relied on. Animus is not a state interest that can justify legislation under rational basis testing whether in the substantive due process or equal protection context.

This talk will explore who decides how and what information and “research” is valid justification of a legitimate state interest to support public policy, particularly when there is valid concern not only regarding scientific rigor, but also animus.

• Date: Thursday, October 2, 2025
• Time: 1:00pm - 2:00pm EDT

Speaker: Heather Walter-McCabe, J.D., M.S.W., Associate Professor, Saint Louis University School of Law, Center for Health Law Studies