Families, rights groups sue Texas over ban on gender-affirming care for transgender minors
A group of families, health care providers and LGBTQ+ rights organizations have sued Texas and some state agencies over Senate Bill 14, legislation Gov. Greg Abbott signed into law last month to ban certain gender-affirming care, such as hormone therapies, for transgender minors.
The lawsuit, filed Wednesday, comes on the heels of a contentious debate during the regular legislative session over health care for transgender minors, which drew passionate activists both in favor and against the proposal to the Capitol.
The group suing the state is asking a judge to grant a temporary injunction to block the law before its Sept. 1 start date, issue a declaration that SB 14 is unconstitutional and void, and force the defendants to pay the plaintiffs' attorney fees.
The group filed the lawsuit in the 201st District Court in Travis County. The plaintiff organizations include the American Civil Liberties Union of Texas, Lambda Legal and the Transgender Law Center. The defendants include the Texas attorney general, Texas Medical Board and the Texas Health and Human Services Commission.
The lawsuit follows through on a promise the American Civil Liberties Union of Texas and other organizations made immediately after the Legislature passed SB 14 in May. At the time, the groups pledged to fight the bill.
Starting Sept. 1, the law would prohibit doctors from providing gender-affirming medical treatments — including puberty blockers, hormone therapy or certain surgeries — to minors experiencing gender dysmorphia, a condition in which a person’s gender identity doesn’t match the person’s sex at birth.
The law would also revoke the medical licenses of physicians who provide such care and prohibit health care providers, hospitals and other entities that offer those medical treatments from receiving any public money.
The law, however, doesn’t apply to children who are intersex — those biologically between the definitions of male and female — or who need medication to treat premature puberty.
More: Austin parents move to Seattle to give transgender daughter a better life
Abbott’s office didn’t return a request for comment Thursday, but the governor has previously praised SB 14 and signed it into law June 2.
The plaintiffs' lawsuit relies on provisions in the Texas Constitution that protect parents’ rights to provide and care for their children and protects against sex-based discrimination, said Brian Klosterboer, a staff attorney with the ACLU of Texas.
“Trans Texans have a right to access the health care they need like everyone else,” Klosterboer said. “This law is immensely cruel.”
The five families who joined in filing the lawsuit have transgender children ranging in age from 9 to 16 who have been receiving the type of health care SB 14 will ban, he said.
“It's really cruel that the Texas state government is trying to strip away the autonomy of themselves, their parents and their medical providers,” Klosterboer said.
Major medical associations such as the American Academy of Pediatrics and American Medical Association support developmentally appropriate and individualized gender-affirming medical care for transgender youth. Republicans and other supporters of SB 14 have said minors shouldn’t be able to make decisions about their medical care that could have long-term impacts or side effects.
This article originally appeared on Austin American-Statesman: ACLU, others sue Texas over gender-affirming care ban for trans minors
