National LGBTQ groups sue North Carolina over transgender youth health care ban
A group of national and local LGBTQ+ organizations sued North Carolina on Wednesday over new legislation that bans most gender-affirming health care for transgender youth.
The lawsuit, filed in federal court by Lambda Legal and several other groups, argues that the law, House Bill 808, violates the 14th Amendment by discriminating against transgender individuals and infringes on the rights of parents to make medical decisions with their children.
“Trans youth deserve the ability to be themselves and to be free from discrimination,” Omar Gonzalez-Pagan, a lawyer with Lambda Legal, told reporters on Wednesday. “Parents should not have their rights curtailed because their children are transgender. By bringing this case, we are seeking to vindicate those rights.”
Plaintiffs are seeking a preliminary injunction to block the law’s implementation as the case goes on.
The law in question bans surgical gender transitions for minors and also bans the prescription of hormones or puberty-blocking drugs for minors. Health care providers who violate the law could have their medical licenses revoked.
Among the plaintiffs in the case are a 9-year-old transgender boy and his parents, who say the law prevents him from obtaining necessary medical care to treat his gender dysphoria.
“The ban has and will continue to have devastating consequences for transgender youth and their families in North Carolina,” the lawsuit says. “Transgender adolescents with gender dysphoria will be unable to obtain the medical care that those who understand their medical needs — their doctors and parents — agree they need. Untreated gender dysphoria is associated with severe harm, including anxiety, depression, and suicidality. Cutting vulnerable adolescents off from treatment or withholding necessary care will inevitably cause significant harm.”
Joining Lambda in the lawsuit are other national groups, such as Parents of Lesbians and Gays, GLMA: Health Professionals Advancing LGBTQ Equality and the National Health Law Program.
Republican sponsors of HB 808 did not immediately respond to a request for comment on Wednesday.
Democratic Gov. Roy Cooper vetoed the bill in July, saying, “A doctor’s office is no place for politicians.” Republicans, who hold a supermajority in both chambers of the legislature, overrode his veto to enact the bill.
Sen. Joyce Krawiec, a Republican from Forsyth County, defended the bill as the legislature passed it into law, saying the state “has an interest in protecting our children from long-term harm. That’s what this bill is all about.”
The American Medical Association states that “Every major medical association recognizes the vital role of gender-affirming care in improving the physical health and mental well-being of transgender individuals.”
A similar law in Arkansas was permanently blocked after a federal judge ruled it to be unconstitutional.
HB 808 is one of several bills passed this session that target LGBTQ+ youth. Lawmakers passed a bill that bans transgender women from competing on women’s sports teams. Republicans also passed the Parents’ Bill of Rights, which bans curriculum from mentioning gender identity or sexuality in early grades and requires teachers to inform parents if their child begins using a different name or pronouns.
This story was originally published October 11, 2023 at 12:35 PM.
