Missouri AG requests termination of emergency rule restricting gender-affirming care
A spokesperson for the Missouri Secretary of State confirmed Tuesday that Attorney General Andrew Bailey has requested to terminate his emergency rule that would have restricting gender affirming health care for trans individuals.
The rule is listed as "terminated effective May 16, 2023" on the Secretary of State's website.
“We were standing in the gap unless and until the General Assembly decided to take action on this issue. The General Assembly has now filled that gap with a statute," Bailey said in a statement. "I’m proud to have shed light on the experimental nature of these procedures, and will continue to do everything in my power to make Missouri the safest state in the nation for children.”
More: In wake of AG's emergency rule, trans Ozarkers fear for safety, access to care
The Missouri Legislature passed two bills on transgender issues this session. The bills would limit gender-affirming medical treatments for minors and restrict transgender students from participating on girls sports teams. Missouri Gov. Mike Parson is expected to sign them; on April 27, he told legislators he would call a special session if they failed to pass the bills by the end of their regular session.
In a statement, House Minority Leader and Springfield Rep. Crystal Quade called Bailey's emergency rule "unconstitutional."
“Andrew Bailey grossly overstepped his legal authority, and everyone knows it. So, it isn’t surprising he withdrew his unconstitutional rule knowing another embarrassing court defeat was inevitable," Quade said. "Missourians deserve an attorney general worthy of the office, not one who persecutes innocent Missourians for political gain.”
On May 4, St. Louis County Circuit Court Judge Ellen Ribaudo granted a temporary restraining order against the rule, extending the order until July 24. A preliminary hearing was set for July 21. As of 2:30 p.m. on Wednesday, May 17, Case.net does not report that court has recognized the rule's termination.
The ACLU of Missouri and Lambda Legal, along with Bryan Cave Leighton, LLP, are representing Southampton Community Healthcare, Kelly Storck, Logan Casey, and the families of two transgender people in a lawsuit against the attorney general. The rule, which was published April 13, would restrict "experimental interventions to treat gender dysphoria" for both adults and minors.
“While the immediate threat and unprecedented reach of the Attorney General’s emergency rule will end, we are fully aware that the Missouri Legislature continues to train its sights on Missouri’s trans community,” said Nora Huppert, staff attorney at Lambda Legal. “SB 49 would deny adolescent transgender Missourians access to evidence-based treatment supported by the overwhelming medical consensus. The fight against these dangerous and unprecedented attacks is far from over.”
The ACLU of Missouri echoed Lambda Legal's view that the emergency rule's termination was not the end of attacks on Missourians' rights.
“After weeks of embarrassing Missouri on the national stage, the Attorney General has finally joined everyone else in recognizing that his hasty attempt to usurp other branches of government cannot withstand scrutiny. His transparently faux concern for trans youth could not mask that his willingness to abuse his office in an attempt to erase from public all transgender Missourians," the ACLU said in a statement. "Today’s actions are a victory for Missourians’ right to bodily autonomy, but the fight is not over."
Susan Szuch is the health and public policy reporter for the Springfield News-Leader. Follow her on Twitter @szuchsm. Story idea? Email her at sszuch@gannett.com.
This article originally appeared on Springfield News-Leader: AG asks to terminate emergency rule restricting trans health care
