Abstract
The Nebraska Legislature passed the Let Them Grow Act on May 22, 2023, which prohibits minors from receiving gender-affirming care in Nebraska. This Note argues that the Act violates the Equal Protection Clause of the Fourteenth Amendment because it exempts intersex children—those born with ambiguous sex characteristics—from protections against unnecessary, irreversible, and nonconsensual medical procedures, while the Act protects those born with clearly male and female sex characteristics. This Note clarifies the distinction between the issues faced by intersex individuals and transgender individuals, and highlights the psychological and physical harms of early sex assignment surgeries. Further, this Note outlines the historical medical treatment of intersex individuals, including John Money’s controversial experiment on Bruce Reimer, and compares it to the modern trend among medical professionals who advocate for delayed and consensual medical interventions. This Note provides an overview of the Act and argues that it violates the Equal Protection Clause because intersex children are similarly situated to those born with clearly female or male sex characteristics regarding vulnerability and inability to consent. Finally, this Note highlights legislative efforts, both domestic and international, aimed at protecting intersex minors. Ultimately, it calls attention to the issue of irreversible, nonconsensual treatment of intersex children, and provides the reasoning behind and possible guidance for statutory reform to ensure that all children, regardless of sex characteristics, are afforded equal protection under the law.
Recommended Citation
Jori Peters,
Let Them All Grow: Protecting Nebraska's Intersex Youth from Medical Intervention,
104 Neb. L. Rev.
(2026).
Available at: https://digitalcommons.unl.edu/nlr/vol104/iss3/6