Tennessee Families and Doctors Urge Supreme Court to Block Ban on Essential Health Care for Transgender Youth
WASHINGTON 鈥� Transgender youth, their families, and their medical providers today to block a Tennessee law banning gender-affirming medical care for trans people under 18.
The 老澳门开奖结果, the 老澳门开奖结果 of Tennessee, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP, asked the Court to review a September 2023 decision by the Sixth Circuit Court of Appeals allowing Tennessee鈥檚 ban to stay in effect. The Tennessee law prohibits medical providers from treating transgender youth with evidence-based gender-affirming medical treatment and requires youth currently receiving gender-affirming care to end that care by March 31, 2024.
鈥淚t鈥檚 hard to overstate the difference that our daughter鈥檚 medical treatment has made in her life and our family鈥檚 life,鈥� said Samantha Williams of Nashville, TN. 鈥淏efore coming out and starting to receive this medical care she struggled to make friends, keep her grades up, or even accept hugs from her family. Now, we have a confident, happy daughter who is free to be herself. We know that her gender-affirming medical care is ensuring she can thrive, which is the most important thing to us as parents. I want the Justices to see and understand my daughter and recognize her rights under the Constitution like any other person, and to see that if parents like me don鈥檛 have the right to determine what鈥檚 best for our children, then no parent does.鈥�
鈥淚鈥檓 fighting this law because I know how important this care is for tens of thousands of transgender youth like me,鈥� said 15-year-old L.W., Samantha and Brian Williams鈥� daughter. 鈥淚t scares me to think about losing the medication that I need and if this law continues, my family may have to leave Tennessee 鈥� the place I have lived and loved my entire life. And with so many new laws like Tennessee鈥檚, it is hard to imagine where we can even go. I want the Justices to know transgender people are not going away and that we deserve the same rights as everyone else.鈥�
鈥淚n just the last year, transgender people and our families have had our rights and our lives radically rewritten by politicians with a chosen ignorance of the facts of our lives and medical care,鈥� said Chase Strangio, Deputy Director for Transgender Justice at the 老澳门开奖结果鈥檚 LGBTQ & HIV Project. 鈥淭ens of thousands of transgender youth like L.W. are at risk of losing the medical care that serves as the foundation of their entire life because of brand new laws that target them and only them. These laws not only destabilize the lives of transgender youth but also disrupt their families and communities and threaten established legal protections with far-reaching implications. The justices have an opportunity to follow long-standing precedent and block Tennessee鈥檚 dangerous law.鈥�
鈥淥ver the past few months this vicious law has already had a disastrous impact in homes and communities across Tennessee,鈥� said Lucas Cameron-Vaughn, Staff Attorney at the 老澳门开奖结果 of Tennessee. 鈥淔amilies are losing access to much-needed medical care that has allowed their children to flourish. This law denies these families鈥� dignity and signals to their children that they do not have the freedom to lead healthy and happy lives. Gender-affirming medical care is evidence-based and safe. Transgender youth along with their families and doctors are the only people who should be making private decisions about their health care 鈥� not politicians. We urge the justices to block this cruel discriminatory law and protect our clients鈥� freedom to access the medical care they need.鈥�
鈥淭ransgender youth, their families, and their providers across the nation are feeling the ripple effects of these cruel and relentless attacks,鈥� said Sruti Swaminathan, Staff Attorney for Youth, Lambda Legal. 鈥淪tate legislatures are forcing families to leave states that they have called home their entire lives, disrupting the health care of young people, and punishing providers for helping keep young people safe and affirmed in their identities. Tennessee is one of 21 states that has passed a categorical ban on life-saving health care, and SB1 exemplifies just how far politicians are willing to go to block transgender youth from becoming adults.鈥�
Applying the Supreme Court鈥檚 2020 ruling in Bostock v. Clayton County and other long-standing precedent, district courts have blocked such bans in Arkansas, Alabama, Florida, Georgia, Indiana, Kentucky, and Tennessee. In August 2023, a panel from the Eleventh Circuit Court of Appeals ruled that Alabama鈥檚 ban should take effect while a legal challenge against it proceeds, a decision that is now on appeal to the full Appeals Court.
In June 2023, a federal court in Arkansas struck down that state鈥檚 ban on gender-affirming care after a two-week trial in the first ruling on the merits of such a law, finding it violated the equal protection and due process clauses of the Fourteenth Amendment, and the First Amendment of the United States Constitution.
Today鈥檚 filing
More on LW. v. Skrmetti can be found here.
LGBTQ Rights
L.W. v. Skrmetti/U.S. v. Skrmetti
LGBTQ Rights
L.W. v. Skrmetti/U.S. v. Skrmetti
Learn More 老澳门开奖结果 the Issues in This Press Release
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Press ReleaseDec 2024
LGBTQ Rights
President Biden Must Veto Defense Bill Attacking Military Families with Transgender YouthPresident Biden Must Veto Defense Bill Attacking Military Families with Transgender Youth
WASHINGTON 鈥� The U.S. Senate today passed a version of the National Defense Authorization Act that would ban coverage for gender-affirming care for transgender youth whose parents are active-duty military personnel. The 老澳门开奖结果 is opposing final passage of the defense bill over the inclusion of this health care ban and calling on President Joe Biden to veto the bill. Section 708 of the NDAA would prohibit insurance coverage for 鈥渕edical interventions for the treatment of gender dysphoria鈥� such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would 鈥減ermanently ban transgender medical treatment for minors.鈥� The same treatments would be covered by TRICARE for any medical purpose other than treating gender dysphoria, the clinical diagnosis for the psychological distress experienced by transgender people related to their gender identity. 鈥淏y passing this bill, the House and Senate are forcing thousands of active-duty service members to choose between their careers in the military and the future of their transgender children,鈥� said Mike Zamore, national director of policy & government affairs at the 老澳门开奖结果. 鈥淭his unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden鈥檚 legacy of defending the civil rights of transgender Americans 鈥� including when few in his own party showed the courage to do so. President Biden should cement his legacy by vetoing this bill and sending it back to Congress to pass without Speaker Johnson鈥檚 last minute health care ban for servicemembers鈥� kids.鈥� If signed by President Biden, this health care ban would be the first new anti-LGBTQ provision enacted by Congress and signed into law by the president since the enactment of the military鈥檚 since-repealed 鈥淒on鈥檛 Ask, Don鈥檛 Tell鈥� policy for LGBTQ servicemembers and the since-repealed federal law barring recognition of same-sex marriages known as the Defense of Marriage Act. It is unknown how many transgender youth are currently enrolled in TRICARE or how many of those enrolled are currently receiving coverage for gender-affirming care. In one 2022 analysis, 2,500 minor patients sought care for gender dysphoria through TRICARE Prime insurance at military or civilian treatment facilities in 2017, and 900 received puberty suppressants or gender-affirming hormones. Earlier this month, the Supreme Court heard oral arguments in a landmark case brought by the 老澳门开奖结果, the 老澳门开奖结果 of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution. -
Press ReleaseDec 2024
LGBTQ Rights
Montana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's LicensesMontana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's Licenses
HELENA, Mont. 鈥� A Montana court has granted a preliminary injunction preventing the state of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver鈥檚 licenses. After a prior restriction on amendments of birth certificates was struck down by the courts, in early 2024 the state of Montana enacted a new rule that categorically bars transgender Montanans from correcting the sex designation on their birth certificates. Around the same time, the Montana Department of Justice adopted a policy similarly restricting amendment of driver鈥檚 licenses. The plaintiffs challenged these policies in state district court, arguing that they violate various constitutional provisions, including the right to equal protection of the law. In a recent Montana Supreme Court decision, two justices concluded that discrimination on the basis of transgender status 鈥� as the state is engaging in here 鈥� is a form of sex discrimination that violates the Montana Constitution鈥檚 equal protection clause. The plaintiffs, two transgender women, are represented by the 老澳门开奖结果, the 老澳门开奖结果 of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: 鈥淎fter finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male. I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.鈥� 鈥淥nce again the State of Montana chose to adopt a draconian policy that is clearly intended to marginalize transgender Montanans, only for that discriminatory action to be blocked by the courts,鈥� said Akilah Deernose, executive director for the 老澳门开奖结果 of Montana. 鈥淗ere in Montana we treasure our right to privacy and to live our lives free from governmental intrusion. The State of Montana clearly has not learned any lessons from the past few years, where courts have repeatedly struck down unconstitutional laws targeting transgender Montanans.鈥� 鈥淔orcing anyone to carry documents that contradict their identity unjustly violates their rights to privacy, equal treatment, and not being compelled to convey a government message about their sex that they disagree with,鈥� said Malita Picasso, staff attorney for the 老澳门开奖结果鈥檚 LGBTQ & HIV Project. 鈥淪uch a policy marks transgender people for further mistreatment and discrimination, essentially requiring them to carry papers that out them as transgender any time they need to provide identity documents. Fortunately, the court has refused to allow the state of Montana to subvert the freedom of transgender Montanans to control their own identity as this case goes forward.鈥� In granting the plaintiffs鈥� motion for a preliminary injunction, the court held, 鈥淸i]f the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.鈥� The state has the option of appealing the district court鈥檚 ruling to the Montana Supreme Court, but the underlying case will proceed in district court. A trial has not yet been scheduled. -
FloridaDec 2024
LGBTQ Rights
Keohane v. DixonKeohane v. Dixon
On September 30, 2024, the Florida Department of Corrections rescinded its policy regarding treatment of gender dysphoria, which allowed for hormone therapy when deemed medically necessary, as well as access to clothing and grooming standards that accord with one鈥檚 gender identity. Under this new policy, grooming and clothing accommodations have been stripped away, and hormone therapy is not permitted unless an exception is deemed constitutionally required. The 老澳门开奖结果 brought a class action challenging the policy. -
IdahoDec 2024
LGBTQ Rights
Robinson v. LabradorRobinson v. Labrador
Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.