Families, Doctors Challenge Oklahoma’s Ban on Health Care for Trans Youth
OKLAHOMA CITY - Families, transgender adolescents, and their medical providers are challenging a new law criminalizing age-appropriate medical care for transgender adolescents signed by Governor Kevin Stitt this week.
by the American Civil Liberties Union, the ACLU of Oklahoma, Lambda Legal, and the law firm Jenner & Block LLP, a group of families with transgender adolescents and medical providers who support trans youth assert SB 613 unjustly and unfairly targets them and gender-affirming health care in violation of their rights under Equal Protection Clause of the 14th Amendment.
SB 613 bans all forms of gender-affirming medical treatment for transgender youth and threatens providers who violate the law with a felony conviction and discipline from their professional licensing boards.
“Every Oklahoman should have the freedom to access the care they need to survive and thrive, but once again, instead of deciding to boldly lead our state, Governor Stitt and members of the legislator have decided to risk the lives of one of our most vulnerable populations, to score political points with their base,” said Megan Lambert, ACLU of Oklahoma Legal Director. “Oklahoma consistently ushers in the bottom of almost every list nationwide, from education and incarceration to healthcare and privacy, but lawmakers choose to spend their time pushing dangerous rhetoric on topics they know nothing about and attacking transgender children, instead of addressing the real issues Oklahomans face day to day. We all deserve the freedom to control our bodies and seek the healthcare we need, including gender-affirming care. The ACLU of Oklahoma and our partners have warned lawmakers that we will take swift action on any ban on gender-affirming care signed into law, and today is the day we make good on that promise.”
“This law is a dangerous attack on the rights of families and their transgender youth who call Oklahoma home,” said Harper Seldin, Staff Attorney for the ACLU’s LGBTQ & HIV Project. “Governor Stitt and the politicians targeting trans youth have ignored the voices of parents, medical providers, and transgender youth themselves, instead choosing to put their politics between doctors and their patients. We’re confident the state will find itself completely incapable of defending this law in court and welcome the opportunity to fight for the safety, dignity, and equality of trans Oklahomans.”
“Based on nothing but animus towards transgender people and a campaign of misinformation and disinformation, Oklahoma officials have decided to prohibit the provision of necessary, safe, and effective evidence-based medical care for trans adolescents in Oklahoma. These actions risk the health, well-being, and very lives of trans youth in the Sooner State,” said Omar Gonzalez-Pagan, Counsel and Health Care Strategist at Lambda Legal. “We will not stand idly by as discriminatory laws endanger our community. Trans youth in Oklahoma and elsewhere deserve no less. We are proud to represent, alongside our co-counsel, these five courageous families and a caring doctor, who together are standing up for their rights.”
“SB 613 is an unconstitutional law that singles out transgender adolescents and discriminates against them and their families by banning necessary medical care and treatment,” said Laurie Edelstein, a partner at Jenner & Block. “We are asking the court to block enforcement of SB 613 and protect the fundamental rights of transgender adolescents and their families to access appropriate medical treatment so that transgender adolescents have the same opportunity as their peers to thrive in their families, with their friends, in school, and in their communities.”
In September 2022, Oklahoma state legislators threatened to withhold COVID relief funding from Oklahoma University hospitals if they did not . In March 2023, Rep. Mauree Turner, the state’s only openly nonbinary lawmaker.
Such restrictions are opposed by leading medical experts and organizations, including the , the , and the . According to the Williams Institute of UCLA, there are an estimated 2,600 transgender youth ages 13-17 in Oklahoma.
Any person at risk of being affected by these restrictions on gender-affirming care should reach out to https://www.lambdalegal.org/helpdesk or https://www.acluok.org/en/about/contact-us.
The complaint filed today in Poe v. Drummond can be found here:
LGBTQ Rights
Poe v. Drummond
LGBTQ Rights
Poe v. Drummond
Learn More About 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
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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. – 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’s 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’s 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 – as the state is engaging in here – is a form of sex discrimination that violates the Montana Constitution’s equal protection clause. The plaintiffs, two transgender women, are represented by the American Civil Liberties Union, the ACLU of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: “After 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.” “Once 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,” said Akilah Deernose, executive director for the ACLU of Montana. “Here 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.” “Forcing 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,” said Malita Picasso, staff attorney for the ACLU’s LGBTQ & HIV Project. “Such 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.” In granting the plaintiffs’ motion for a preliminary injunction, the court held, “[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.” The state has the option of appealing the district court’s 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’s 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 ACLU 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.