Families Sue Alabama Over Felony Ban on Gender-Affirming Care for Transgender Adolescents
MONTGOMERY, Ala. – Two Alabama families filed a lawsuit in federal court today challenging a recently passed law that criminalizes medical professionals who provide care to transgender adolescents with up to 10 years in prison. The families say being denied medically necessary care will be devastating for the mental and physical health of their adolescent children. The lawsuit alleges that the new Alabama law violates the Equal Protection Clause of the U.S. Constitution.
“I know that I am a girl and I always have been,” said 15-year-old H.W. “Even before I learned the word ‘transgender’ or met other trans people, I knew myself. I did not choose to experience bullying and discrimination because I am transgender. I chose to be proud of who I am. The possibility of losing access to my medical care because of this law causes me deep anxiety. I would not feel like myself anymore if this lifesaving medication was criminalized.”
H.W.’s parents Jeff and Lisa Walker say that if their daughter is cut off from her doctor-prescribed health care, the family will have to move away from Alabama, separating H.W. from her older brother who serves in the Alabama National Guard.
“Transgender youth are a part of Alabama, and they deserve the same privacy, access to treatment, and data-driven health care from trained medical professionals as any other Alabamian,” said Tish Gotell Faulks, legal director, ACLU of Alabama. “We will fight to make sure this is the reality for trans kids and their families , and we condemn the intrusive actions of the lawmakers who voted to use children as political pawns for their reelection campaigns.”
A federal court has blocked Arkansas from enforcing a similar law that was passed last year. A state court in Texas has also blocked the state from investigating parents of transgender adolescents receiving gender-affirming care for child abuse.
“The only controversy in providing lifesaving gender-affirming care for transgender youth in Alabama is the one fabricated by Governor Ivey and the legislators that made this despicable bill into law,” said Carl Charles, senior attorney for Lambda Legal. “Instead of solving actual problems and dedicating taxpayer dollars to improving the lives of the people of their state, our opponents chose to demonize transgender young people and criminalize the doctors, parents, and communities that support them. And because of our lawsuit, Governor Ivey will spend taxpayer dollars to defend this foolish and clearly unconstitutional law.”
Medical organizations and doctors have repeatedly opposed these bills, along with. Studies consistently show that transgender children who receive gender-affirming care such as puberty-delaying medication and/or hormones when they are young have better outcomes and report fewer cases of depression, self-harm, and or attempted suicide.
“Like many parents, I had a lot of questions when my daughter first told me she is transgender,” said Jeffrey White, parent of 13-year-old C.W. “Since she began receiving treatment from a doctor, she has become more confident. We still enjoy the same activities as a family, like playing video games. I took the time to learn what it means to have a transgender daughter and I couldn’t be more proud of her. I hope other parents and lawmakers will set aside their fears and listen to doctors and trans youth. With love and support — including medically necessary care — I know she can thrive, and that’s all any parent wants for their kid.”
Like the Walker family, Jeff and Christa are prepared to leave the state rather than allow their daughter to lose access to her health care.
“Transgender youth have the right to affirming healthcare and we will continue to fight for these young people, their families, and the supportive medical providers who want to ensure that transgender youth can live fully as themselves, grow, and thrive,” said Lynly Egyes, legal director at the Transgender Law Center. “Despite the cynical, sinister, and invasive efforts by conservative politicians to interfere with private family and medical decisions for their own cheap political gains, we will fight this in court and we will win. Common sense, common decency, and the constitution are on our side.”
“We are proud to be part of this fight to protect the civil rights of young people and their families,” said Kathleen Hartnett of Cooley LLP. “This legislation poses an unconstitutional threat to the livelihood and well-being of transgender youth and it is our responsibility to be on the right side of justice.”
The families are represented by the ACLU’s Jon L. Stryker and Slobodan Randjelović LGBTQ & HIV Project, the ACLU of Alabama, Lambda Legal, Transgender Law Center, and Cooley LLP.
Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people, and everyone living with HIV through impact litigation, education, and public policy work.
The American Civil Liberties Union of Alabama is a private, non-profit membership organization dedicated to preserving the civil liberties and civil rights guaranteed by the U.S. Constitution, especially the principles contained in the Bill of Rights.
Transgender Law Center (TLC) is the largest national trans-led organization advocating for a world in which all people are free to define themselves and their futures. Grounded in legal expertise and committed to racial justice, TLC employs a variety of community-driven strategies to keep transgender and gender nonconforming people alive, thriving, and fighting for liberation.
Cooley partners with local and national legal services organizations to represent hundreds of pro bono clients annually. Through its pro bono work, Cooley empowers individuals to seek justice and opportunity, and provides nonprofit organizations with the tools they need to effect change and support underserved communities. Cooley has 1,500 lawyers across 17 offices in the United States, Asia and Europe.
LGBTQ Rights
Walker et al v Marshall et al
LGBTQ Rights
Walker et al v Marshall et al
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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 — 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 American Civil Liberties Union 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 “medical interventions for the treatment of gender dysphoria” such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would “permanently ban transgender medical treatment for minors.” 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. “By 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,” said Mike Zamore, national director of policy & government affairs at the ACLU. “This unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden’s legacy of defending the civil rights of transgender Americans — 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’s last minute health care ban for servicemembers’ kids.” 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’s since-repealed “Don’t Ask, Don’t Tell” 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 ACLU, the ACLU 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. – 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.