This blog originally appeared at The Hill.
Five Oklahoma families with transgender children, along with a doctor who specializes in treating transgender youth, have filed a lawsuit challenging the recently enacted ban on gender-affirming health care for minors in the state. They argue that the new law discriminates against transgender individuals and violates the constitutional right to parental autonomy.
The lawsuit, filed in federal court on Tuesday by the ACLU, Lambda Legal, and the law firm Jenner & Block LLP, asserts that Oklahoma’s Senate Bill 613, signed into law by Governor Kevin Stitt, causes significant and irreparable harm to transgender adolescents and their parents. The law prohibits health care providers from administering gender-affirming medical care to minors, making Oklahoma the 18th state to enact such legislation.
Notably, Oklahoma is among the four states, alongside Alabama, Idaho, and North Dakota, that have made it a felony to provide gender-affirming health care to transgender children and teenagers, carrying a potential sentence of up to ten years in prison. However, a federal judge previously issued a temporary block on the Alabama law pending a legal challenge by the ACLU.
The lawsuit argues that the Oklahoma law unjustly discriminates against transgender youths and contradicts best-practice standards for gender-affirming care, thereby violating their constitutional rights. While the law prohibits health care providers from offering “gender transition procedures” to minors, it does not prevent the same treatments from being administered to cisgender youths for managing conditions like precocious puberty.
The plaintiffs, including the five transgender minors who are identified using pseudonyms for their safety and privacy, assert that the law jeopardizes their access to safe and medically necessary health care. By specifically targeting transgender adolescents and imposing a discriminatory and categorical ban on their medical treatments, Oklahoma endangers their health and well-being, according to the lawsuit. Furthermore, the law infringes upon the fundamental right of parents to make decisions regarding their children’s care.
The Oklahoma Attorney General’s office acknowledged the filing of the lawsuit and stated that they would review it, reaffirming their commitment to defend the state’s laws. In response, Omar Gonzalez-Pagan, counsel and health care strategist at Lambda Legal, criticized Governor Stitt and the Oklahoma legislature for their actions, stating that the ban on gender-affirming care is rooted in animus towards transgender individuals and fueled by misinformation and disinformation campaigns.
This legal challenge in Oklahoma underscores the ongoing national debate surrounding transgender rights and the restrictions being imposed on gender-affirming care for minors. As the lawsuit progresses, its outcome could have far-reaching implications for the rights and well-being of transgender youth not only in Oklahoma but across the United States.
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