Trans youth & their families sue Louisiana over its trans health care ban

Five trans youth and their families have joined a group of LGBTQ+ advocacy organizations in suing the state of Louisiana over its gender-affirming care ban.

The ban took effect on January 1st after the state legislature overrode a veto by former Gov. John Bel Edwards (D).

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Its use of the “grooming” slur says it all.

H.B. 648 bans doctors and nurses from providing safe and medically necessary gender-affirming care like puberty blockers and hormone therapy to transgender youth. It prevents trans youth from receiving both gender-affirming medications and surgery (though surgery is almost never performed on trans youth). It would also punish doctors for providing this care by taking away their licenses for at least two years.

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The lawsuit alleges the bill violates parents’ rights to make health care decisions for their children, according to a press release from Lambda Legal. It also claims the law violates the state constitution by denying trans kids equal protection by discriminating based on gender identity and sex. It also says the law violates the kids’ constitutional right to accept or reject medical care based on the support of their parents and doctors.

The plaintiffs in the case range from ages 9 to 16 and have all used pseudonyms. In a statement, one called the law “so upsetting.”

“Growing up, I was intensely self-conscious of my body, which led to a near-constant state of discomfort,” he continued. “Oftentimes I was incredibly uncomfortable and anxious and even found it hard to talk. However, being able to access gender-affirming hormones and be my true self has been a lifesaver. I am now far more comfortable and confident and feel less distress. This health care has allowed me to be happy, healthy, and my true authentic self – the boy I know I am. I am terrified of what the Health Care Ban will do and worry about how my mental health might deteriorate.” 

The Center for Health Law & Policy Innovation at Harvard Law School, as well as a state law firm, have joined Lambda Legal to represent the plaintiffs.

“The Health Care Ban prohibits the only safe and effective treatment available for trans youth, putting their health and well-being at great risk,” Suzanne Davies, Senior Clinical Fellow at the Center for Health Law and Policy Innovation, said in a statement. “By selectively banning such treatments for trans youth, this law deprives Louisiana adolescents of equal access to medically necessary, and often life-saving care that is effective in treating gender dysphoria and addressing other serious health conditions such as depression, anxiety, and even suicidal ideation that can occur when gender dysphoria is left untreated.” 

Omar Gonzalez-Pagan, Counsel and Health Care Strategist for Lambda Legal, added, “Denying medical care to youth just because they are transgender is both unlawful and inhumane – especially when the same treatments remain available to all other minors. The Health Care Ban represents broad government overreach into the relationship between parents, their children, and their health care providers.” 

In June, former Gov. Edwards vowed to veto any anti-LGBTQ+ legislation sent to his desk, comparing the Republican attempts to target the LGBTQ+ community with opposition to the Civil Rights Movement. But in July, The House voted 75 to 23 to override the gender-affirming care veto, and the Senate voted 28 to 11 to do the same. 

In a statement, Edwards pointed out that he has issued 319 vetoes in his eight years acting as a Democratic governor with a Republican legislature, and that more than 99% of the vetoes have held.

“Just two of my vetoes have been overridden,” he wrote. “Today, I was overridden for the second time, on my veto of a bill that needlessly harms a very small population of vulnerable children, their families, and their healthcare professionals. I expect the courts to throw out this unconstitutional bill.”

Edwards’ original veto letter was six single-spaced pages, and blasted the GOP leaders for trying to “generate concern and outrage where none was warranted.”

Edwards, who was term-limited, completed his tenure as governor on Monday. He has been replaced by Republican Gov. Jeff Landry, who reportedly supports the anti-trans health care ban.