The state of Alabama was due to introduce a law which criminalises gender-affirming care for Trans youth later this week, but the US Department of Justice (DOJ) has taken legal action to stop that from happening.
The Biden administration is now officially suing the state of Alabama and mobilizing the DOJ against anti-trans legislation that forces families of transgender youth to flee the state as refugees.
We've been waiting for an action like this for a while, and admin backing is huge. https://t.co/9zn9EQQhre
— Erin Reed (@ErinInTheMorn) April 30, 2022
Marking the first time the Biden administration has such action to prevent a law from coming into existence, the DOJ has asked a federal court to block Senate Bill 184, which penalises those who provide gender-affirming care to young Transgender people. This law would specifically target parents and doctors who provide medical care to Trans minors, carrying sentences of up to ten years in prison and resulting in fines of up to $15,000. Puberty blockers, hormones and surgery would all be prohibited for Trans youth under this law.
The lawsuit argues that this ban on gender-affirming care is in violation of the Constitution’s Fourteenth Amendment by discriminating based on sex and gender identity. Under the Fourteenth Amendment, all citizens are guaranteed equal protection.
BREAKING: The US DOJ has just filed a motion to intervene as a plaintiff against Alabama for the FELONY gendera affirming care ban. The federal government and the Biden admin are stepping up for trans kids. pic.twitter.com/HUz5GYsnyY
— Alejandra Caraballo ?️⚧️?? (@Esqueer_) April 29, 2022
“S.B. 184 thus discriminates against transgender youth by denying them access to certain forms of medically necessary care,” reads a press release by the DOJ. “It further discriminates against transgender youth by barring them from accessing particular procedures while allowing non-transgender minors to access the same or similar procedures.”
The first hearing is scheduled for Thursday, May 5, with the outcome of this case potentially setting precedent for Trans youth, their families and medical practitioners in many states with similar laws already in place or under consideration.
So where am I supposed to go? I’m already fighting for my kid’s right as a Trans Kid in Alabama which is infuriating, but now this? pic.twitter.com/rHZCy02TzW
— Allie Fox in Socks (@pottymouthmaker) May 3, 2022
Meanwhile, 18 other states are offering refuge to those affected by anti-Trans laws such as SB 184, following the lead of California, modelling their bills after that which was proposed by state Senator Scott Wiener in March of this year.
“We’re sick of just playing defense against what these red states are doing,” said Sen Wiener. “We’re going on offense, we’re going to protect LGBQT kids and their families and we’re going to build a rainbow wall to protect our community.”
Sen Wiener’s bill would overrule court judgments by other states regarding Trans youth, making California a safe place for young Transgender people and their families, should they need to relocate from Alabama or other “red states” to access gender-affirming care.
© 2022 GCN (Gay Community News). All rights reserved.
GCN has been a vital, free-of-charge information service for Ireland’s LGBTQ+ community since 1988.
During this global COVID pandemic, we like many other organisations have been impacted greatly in the way we can do business and produce. This means a temporary pause to our print publication and live events and so now more than ever we need your help to continue providing this community resource digitally.
GCN is a registered charity with a not-for-profit business model and we need your support. If you value having an independent LGBTQ+ media in Ireland, you can help from as little as €1.99 per month. Support Ireland’s free, independent LGBTQ+ media.