DOJ warns states against legislation preventing trans youth from receiving gender-affirming care
The U.S. Department of Justice is reminding all states that there are federal constitutional and statutory provisions in place to protect transgender youth against discrimination, including when they are seeking gender-affirming care.
In a letter Thursday addressed to all U.S. state attorneys general, Assistant Attorney General Kristen Clarke, for the Justice Department’s Civil Rights Division, reinforced federal nondiscrimination obligations afforded to trans youth.
“(The DOJ) is committed to ensuring that transgender youth, like all youth, are treated fairly and with dignity in accordance with federal law,” the letter reads in part. “This includes ensuring that such youth are not subjected to unlawful discrimination based on their gender identity, including when seeking gender-affirming care.”
The letter, issued on the International Transgender Day of Visibility, should serve as a reminder “of several important federal constitutional and statutory obligations that flow from these fundamental principles.”
The warning comes as several Republican-majority legislatures across the country pass laws specifically targeting transgender youth.
On Wednesday, the Republican governors of Oklahoma and Arizona signed legislation banning transgender girls and women from competing in school sports consistent with their gender identity.
Gov. Doug Ducey, of Arizona, also signed into law a bill limiting healthcare for transgender youth even when doctors say that the treatment is medically necessary and lifesaving.
This type of legislation has been opposed by healthcare professionals, LGBTQ advocates, and major health organizations, including the American Academy of Child and Adolescent Psychiatry, the American Academy of Pediatrics, and the American Medical Association, which have denounced “these anti-transgender bills,” saying that they “promote discrimination and do harm to students, their families, and their communities.”