Category: Gender-Affirming Care

Montana Court Strikes Down Ban on Healthcare for Transgender Youth

*This is reported by Lambda Legal.

Today, a Montana Court struck down SB 99, a 2023 Montana law that categorically bans often life-saving health care for transgender youth.  The Court granted Plaintiffs’ motion for summary judgment in Cross v. Montana, holding that SB 99 violates the constitutional rights of transgender youth who are seeking gender-affirming care and the healthcare professionals who are providing that care. 

The lawsuit challenging SB 99 was brought by Lambda Legal, the American Civil Liberties Union (ACLU), and the ACLU of Montana. This ruling removes completely the threat hanging over Montana transgender youth and their families that their access to critical medical care would be terminated. 

“I will never understand why my representatives worked so hard to strip me of my rights and the rights of other transgender kids,” said Phoebe Cross, a 17-year-old transgender boy. “It’s great that the courts, including the Montana Supreme Court, have seen this law for what it was, discriminatory, and today have thrown it out for good. Just living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away.” 

“Today, the court saw through the state’s vitriol and hollow justifications and put the final nail in the coffin of this cruel, and discriminatory, law,” said Lambda Legal Staff Attorney Nora Huppert. “No parent should ever be forced to deny their child access to the safe and effective care that could relieve their suffering and provide them a future. Because Montana’s Constitution protects their right to privacy, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive.” 

“We are very pleased that the Court saw through the State’s unfounded arguments about why gender-affirming medical care should be treated differently from other forms of care,” said ACLU staff attorney Malita Picasso. “The Court recognizes SB 99 for what it truly is, an effort by the State to legislate transgender Montanans out of existence.” 

“The Montana Constitution protects the privacy and dignity of all Montanans,” said Akilah Deernose, ACLU-MT Executive Director. “In the face of those protections, cruel and inhumane laws like SB 99 will always fail.  Today’s decision should be a powerful message to those that seek to marginalize and harass transgender Montanans.” 

In its ruling, the court stated: 

“[t]he Court is forced to conclude that the State’s interest is actually a political and ideological one: ensuring minors in Montana are never provided treatment to address their “perception that [their] gender or sex” is something other than their sex assigned at birth. In other words, the State’s interest is actually blocking transgender expression.” 

Plaintiffs in the case include Molly and Paul Cross and their 17-year-old transgender son Phoebe; Jane and John Doe joining on behalf of their 16-year-old transgender daughter; and two providers of gender affirming care who bring claims on their own behalf and on behalf of their Montana patients. 

On December 11, 2024, the Montana Supreme Court upheld a preliminary injunction that SB 99 was likely unconstitutional under the Montana state constitution’s privacy clause, which prohibits government intrusion on private medical decisions. The ruling rested entirely on State constitutional grounds, insulating transgender adolescents, their families and health care providers from any potential negative outcome at the United States Supreme Court. 

The U.S. Supreme Court will soon rule in U.S. v. Skrmetti, the landmark case brought by Lambda Legal, the ACLU, and the ACLU of Tennessee, Lambda Legal on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution.  

More information about the case is available here. 

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Texas House Passes Bills to Ignore the Lives of Thousands of Queer Texans

The below is from the Equality Texas Facebook page.

🏛 The news out of the #txlege is heavy, but we will continue to fight back against anti-LGBTQIA+ legislation at the Capitol and across Texas.

These bills will have a massive impact on trans Texans. This week is a time of grief and a source of pain for many. During this time of uncertainty and confusion, please hold on to each other and know that you are not alone. Hundreds of thousands of Texans are in your corner.

This past Monday, we passed a key landmark. All House bills that had not been referred out of committee are no longer eligible to become law. That means that 139 of the 200+ bad bills have died—bills that would have criminalized being trans or sought to ban trans care for adults outright.

“Despite some of the worst bills dying, the news of HB 229 and HB 778 passing the House weighs heavy on all of us. No matter where the fight takes us, we will survive, and we will do it together.” -Brad Pritchett, Interim CEO of Equality Texas

💗If you are struggling right now, please consider reaching out to:

Trans Lifeline: (877) 565-8860

Trevor Project: 1-866-488-7386

Equality Texas Support: equalitytexas.org/help

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Attorney General threatens doctors with 10 years in prison for providing gender-affirming care

*This is reported by LGBTQNation.

Attorney General Pam Bondi, who has a long history of opposing LGBTQ+ rights, issued a memo to the Department of Justice (DOJ) telling employees to investigate and prosecute cases of minors accessing gender-affirming care as female genital mutilation (FGM).

“The Department of Justice will not sit idly by while doctors, motivated by ideology, profits, or both, exploit and mutilate our children,” the memo states. “Under my watch, the Department will act decisively to protect our children and hold accountable those who mutilate them under the guise of care.”

“I am putting medical practitioners, hospitals, and clinics on notice: In the United States, it is a felony to perform, attempt to perform, or conspire to perform female genital mutilation on any person under the age of 18. That crime carries a maximum prison sentence of 10 years per count. I am directing all U.S. Attorneys to investigate all suspected cases of FGM—under the banner of so-called “gender-affirming care” or otherwise—and to prosecute all FGM offenses to the fullest extent possible.”

It’s unclear what that part of the memo will do, since gender-affirming genital surgery isn’t performed on minors in the U.S. Under federal law, FGM is defined as “partial or total removal of the external female genitalia or other injuries to the female genital organs for non-medical reasons.” The only case of gender-affirming care cited in the memo involved a mastectomy.

The memo goes on to say that the DOJ will go after “on- or off-label use of puberty blockers, sex hormones, or any other drug used to facilitate a child’s so-called ‘gender transition’” as a violation of consumer protection laws. Bondi directed the Civil Division’s Fraud Section to investigate the use of puberty blockers as a violation of the False Claims Act and accused hospitals of performing gender-affirming genital surgery on minors “while billing Medicaid for an entirely different procedure.”

The memo tells the department to ignore the medical recommendations of the World Professional Association for Transgender Health (WPATH), the medical organization that sets standards of care for the treatment of gender dysphoria, saying that the group “muzzled dissenting members,” a common accusation against scientific organizations that produce recommendations that the right doesn’t like.

The memo does not discuss circumcision or genital surgeries often performed on intersex children in order to make their bodies conform to stereotypes of what male or female genitalia should look like.

Gender-affirming care is supported by all major medical associations in the U.S., including the American Medical Association, the Endocrine Society, and the American Academy of Pediatrics, as safe and life-saving for young people with gender dysphoria.

Williamette University Constitutional Law professor Robin Maril said that Bondi’s memo doesn’t create any new laws, and the parts about fraud are already part of how the DOJ handles the law.

“The bulk of this is just showing how they’re going to use resources and investigate,” she told NBC News. “That’s not a law change. It’s meant to have a chilling effect on physicians providing access to necessary care, fearing that it will be characterized as chemical and surgical mutilation of children.”

The memo comes after the president signed an executive order in January to ban gender-affirming care, even though the president doesn’t have the authority to do so. The executive order told federal departments to look for ways to fight against gender-affirming care, even though Congress has not banned the practice despite bills to ban it being introduced several times over the past few years.

Several courts have already blocked the executive order from going into effect.

Also this week, Bondi convened the first meeting of the administration’s “anti-Christian bias” task force. She started the meeting by saying that President Joe Biden – a devout Catholic – had “abused and targeted Christians,” citing a 2023 FBI memo about threats posed by anti-choice protestors.

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Trump administration opens a “snitch line” to report trans kids getting health care

*This is being reported by LGBTQNation.

The Trump administration has opened a new “snitch line” to report what it calls violations of Trump’s executive order “Protecting Children From Chemical and Surgical Mutilation.” 

In twin actions this week, the Department of Health and Human Services (HHS) continued its efforts to end gender-affirming care for trans youth with the new whistleblower portal and the launch of an investigation of “a major pediatric teaching hospital” over the alleged firing of a nurse because she sought a religious exemption to avoid administering puberty blockers and hormones to minor patients.

Though unnamed, the nurse is likely whistleblower Vanessa Sivadge, who worked at Texas Children’s Hospital and provided testimony to Congress this week about her alleged termination.

The “snitch line” was shared publicly on Monday with guidance for potential whistleblowers published on the HHS website.

“You have three options to report a tip or complaint related to the chemical and surgical mutilation of children or whistleblower retaliation,” the guidance states, with instructions to provide identifying information of those involved in the alleged order violation.

“Please reference EO 14187 in your complaint,” the guidance states, referring to Trump’s “Chemical and Surgical Mutilation” order.

That order has been blocked by multiple federal judges with temporary restraining orders, but the Trump administration continues to invoke it in its crackdown on doctors and hospitals.

One ruling, by U.S. District Judge Lauren King in the Western District of Washington, termed the order a violation of constitutional protections by “treating people differently based on sex or transgender status.” Those cases continue to make their way through the courts.

The concurrent hospital investigation is designed to showcase the administration’s weaponization of 50-year-old federal anti-abortion provisions known as the Church Amendments to protect anti-trans whistleblowers. Those allow religious accommodation to anti-abortion healthcare providers based on “religious beliefs or moral convictions respecting sterilization procedures.”

Trump’s order characterizes gender-affirming care as “maiming and sterilizing.”

In January, the Justice Department dropped charges against Dr. Eithan Haim, a Texas surgeon accused of leaking private medical information about minors who received gender-affirming care at the same Texas hospital where Sivadge worked. He shared that information with rightwing media outlets.

The DOJ had previously charged Haim with violating HIPAA laws with “intent to cause malicious harm.” He called himself a whistleblower.

The Trump administration continues to characterize evidence-based trans healthcare as “mutilation”, despite every major medical association, including the American Academy of Pediatrics, the American Medical Association, and the Endocrine Society, supporting the practice.

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Dr. Oz is trying to take gender-affirming care coverage away from trans Medicaid recipients

*This is being reported by LGBTQNation.

Mehmet Oz, the newly confirmed administrator of the Centers for Medicare & Medicaid Services (CMS), is telling state Medicaid officials to stop covering gender-affirming care for transgender youth. Medicaid is the joint state-federal program that covers health care for people with low incomes, including 40% of minors in the U.S.

A letter sent from the CMS to state Medicaid directors said that the program should stop reimbursing gender-affirming care for minors, including puberty blockers, hormone therapy, and surgical interventions. The letter says that there is an “underdeveloped body of evidence” supporting gender-affirming care despite the research showing that it’s a safe and effective treatment for gender dysphoria, which is supported by all major medical organizations in the U.S. The letter also cites the U.K.’s “Cass review,” a report on gender-affirming care that has been criticized for its bias against transgender people.

In a statement, Oz – who was confirmed by the Senate earlier this month – said that gender-affirming care can lead to sterilization, and that’s why the CMS is cracking down on it.

“Medicaid dollars are not to be used for gender reassignment surgeries or hormone treatments in minors – procedures that can cause permanent, irreversible harm, including sterilization. CMS will not support services that violate this standard or place vulnerable children at risk.”

Republicans in the Senate at first balked at Oz’s nomination, not due to his lack of qualifications for leading the agency but because he had, on television, expressed more liberal views when it came to acknowledging that trans kids exist and supporting reproductive freedom. The White House assured Senate Republicans that Oz is now transphobic.

Taking away health care from trans minors in low-income families just a week into his tenure at the CMS may reassure Republicans of Oz’s conservative credentials.

In January, the president signed an executive order targeting gender-affirming care for trans minors and some young adults. The order told the Department of Health and Human Services (HHS) – under which the CMS is organized – to “take all appropriate actions to end the chemical and surgical mutilation of children,” including by changing “Medicare or Medicaid conditions of participation or conditions for coverage.” Referring to gender-affirming care as “mutilation” is a tactic used by anti-transgender activists to sway public opinion against the care that has been shown to save lives.

Former HHS official Adrian Shanker, who worked at the department under former President Joe Biden, said that the CMS letter misuses regulations to limit gender-affirming care coverage.

“I don’t think this letter is using those regulations in good faith,” Shanker told Advocate. “This letter is using highly politicized language that is not grounded in the mountain of evidence that supports the underlying health and well-being of trans youth.”

“It frankly looks like a campaign document,” he continued. “It looks like a document written by anti-trans activists rather than by public health professionals and health care leaders.”

Shanker pointed out that the letter itself is not legally binding but that it will lead states to cut off coverage for gender-affirming care.

“The significant fear here is that this ‘Dear State Medicaid Director’ letter will be utilized to preclude access to care even further in some states,” he said. “And the risk of that is actually very significant because we have incredible amounts of data that confirms the health impacts of denying access to care for trans youth.”

In 2015, trans reality TV personality and author Jazz Jennings appeared on Oz’s talk show, and he complimented her mother for being supportive.

“I love the support you’ve given your daughter,” Oz said. “It’s wonderful. And you can see the beautiful young woman she’s becoming because of it.”

This was before Oz entered the political realm. The exchange, though, led to Sen. Josh Hawley (R-MO) sending a letter demanding the administration explain the ten-year-old episode.

“Have your views on this issue changed since you hosted your television show?” Hawley’s letter demanded, asking if Oz supports the administration’s position that “gender transition procedures for minors should be banned.”

In a statement, a spokesperson for the White House said that Oz would follow the president’s views on the matter, saying that everyone in the administration will follow his “playbook.”

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Montana Republicans Say No to Prosecuting Parents for Trans Care

*This is reported by Mother Jones.

Five days after President Donald Trump declared “gender ideology” to be “one of the most prevalent forms of child abuse,” Montana’s Republican-controlled House of Representatives killed a bill that would have enshrined much the same idea into state law by criminalizing parents and medical providers.

Montana Senate Bill 164 would have made it a felony for any adult to help transgender children under 16 to gain access to gender-affirming medical care—including hormones, puberty blockers, and surgeries—classifying such help as child endangerment. On Tuesday, House lawmakers voted 58-40 to reject the proposed law, with 17 Republicans joining Democrats to block it from advancing to its final reading. 

“I think it’s overly broad,” the lone Republican to speak against the bill, Rep. Brad Barker, said Tuesday. Barker said that while he generally opposes gender-affirming care for trans youth, SB164 was “the wrong approach.” 

“I don’t like the thought of criminalizing parents,” Barker added, entreating fellow Republicans to “vote with your conscience.” 

The bill carried penalties of up to five years in prison and $10,000 in fines for any adults, including parents and doctors, who provided children with surgery, puberty blockers, or hormone replacement therapy for the purpose of “altering the appearance” of the child or affirming the child’s gender. If “serious bodily injury” occurred, the maximum punishment was 10 years imprisonment and $25,000 in fines.

“Turning parents and doctors into felons is absolutely not the approach that best serves this state,” Democratic Rep. SJ Howell, the first non-binary person to be elected to the Montana legislature, said on the House floor.

The bill cleared the Senate in February, 30-20, with two Republicans voting against it. In that floor debate, the legislation’s sponsor, Republican Sen. John Fuller, called it a “simple bill” to protect Montana’s children. “The state does have a compelling interest, a very compelling interest, to avoid the sterilization and sexual mutilation of children,” he said. In 2023, Fuller sponsored a law that threatened medical providers’ licensing if they offered gender-affirming care to minors, a law that courts have blocked while litigation proceeds.

“This bill is not about politics, it’s about safeguarding the health and innocence of Montana youth,” one of SB164’s House supporters, Republican Rep. Braxton Mitchell, said Tuesday. But more than a quarter of members of his own party disagreed, suggesting a potential turning point for the Montana legislature, at least on trans issues.

Tuesday’s vote was the second time this year a large swath of Republicans crossed party lines to block an anti-trans bill. Last year, Montana’s first openly transgender lawmaker, Rep. Zooey Zephyr, said her Republican colleagues often privately bemoan the transphobic culture wars and apologize to her for their votes on anti-LGBTQ legislation. 

Even so, Republican Gov. Greg Gianforte signed two anti-trans bills into law last month—a bathroom ban and a law prohibiting trans girls and women from playing on women’s sports teams from kindergarten through college. The bathroom ban has been temporarily blocked. A state law that prohibited trans women from participating in female collegiate sports was ruled unconstitutional in 2022.

The right to privacy is enshrined in the Montana constitution, and state courts have strongly affirmed its application to healthcare laws. Last December, the Montana Supreme Court upheld a lower court’s preliminary injunction on a law that would have made gender-affirming medical care providers vulnerable to licensing board disciplinary proceedings. And last summer, it ruled that a parental consent law for minors seeking abortion was unconstitutional. (In January, Montana Attorney General Austin Knudsen asked the U.S. Supreme Court to declare that ruling an unconstitutional infringement on parental rights. The Supreme Court has not decided whether to hear the case.)

If it had passed, SB164 would have become the first law in the country defining gender-affirming care as a form of felony child endangerment. (Child endangerment and abuse fall under different statutes, but both evoke the same myth that gender-affirming care is dangerous for youth.)

Montana, however, wouldn’t have been the first state to direct child welfare workers to investigate families of trans children. In 2022, Texas Republican Gov. Greg Abbott ordered the state’s Department of Family and Protective Services to open child abuse investigations into parents who seek gender-affirming care for their children. That directive remains partially blocked after families of trans children and the LGBTQ advocacy group PFLAG sued. 

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Trump uses child abuse awareness proclamation to bash transgender people

*This is reported by Axios.

President Trump‘s decision to target transgender care in a proclamation declaring April National Child Abuse Prevention Month “betrays” the month’s purpose, LGBTQ advocates said.

Why it matters: Framing the trans youth experience as “abuse” further stigmatizes an already vulnerable community, as the Trump administration tries to erase trans people from American life through policies limiting access to health care, careers, sports, education and more.

Driving the news: Trump’s Thursday proclamation singled out transgender care, labeling it a form of child abuse without acknowledging the most common risk factors for neglected or abused children.

  • “It is deeply disingenuous for Trump to use National Child Abuse Prevention Month as a platform to attack and stigmatize the trans community,” Ash Lazarus Orr, a spokesperson for Advocates for Trans Equality, told Axios.

Reality check: Gender-affirming care is supported as both medically appropriate and potentially life saving for children and adults by major medical associations, including the American Medical Association, the American Academy of Pediatrics and the American Psychiatric Association.

  • Drugs like puberty blockers are temporary and reversible. They are given to trans youth and non-trans youth who experience early onset puberty.

What they’re saying: Trump’s proclamation “is vile and upsetting but importantly it is just a press release,” Chase Strangio, co-director of the ACLU’s LGBT & HIV Project said in a statement on Instagram.

  • “It does not change the law or direct any agency action. But it does continue to suggest that the government is moving towards efforts to explicitly criminalize trans life and support of trans people.”

“Using the language of ‘child protection’ to justify the oppression of trans youth betrays the very values this month is meant to uphold,” Orr said.

  • “Denying trans youth medical care won’t change who they are.”

“Supporting a child — regardless of their gender identity — is an act of love, period,” Jarred Keller, a Human Rights Campaign spokesperson, said.

  • “The idea that affirming a child’s gender identity constitutes something harmful is an insult to the parents who support their transgender children with compassion and understanding.”

Threat level: Trump wrote that “a stable family with loving parents” is a safeguard against child abuse, but most victims are abused by a parent, according to the National Children’s Alliance.

By the numbers: In 2022, a reported 434,000 perpetrators abused or neglected a child, per the alliance.

  • 76% of children were victimized by a parent or legal guardian in substantiated child abuse cases, meaning that child protective services agencies determined that abuse or neglect occurred.

Zoom out: Trump in January signed an executive order to defund youth gender-affirming care and a separate one threatening funding for K-12 schools that accommodate transgender children.

  • American hostility toward trans people has prompted U.S. allies to issue travel advisories for trans travelers, warning them that they must designate one “sex” on their travel forms and it has to reflect the gender they were assigned at birth.
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Ts Madison’s ‘Starter House’ opens its doors to trans women in Atlanta

*This is being reported by Out.com

Trans icon Ts Madison has now opened a groundbreaking new initiative — dubbed as a “Starter House” — for trans women in Atlanta, GA, coinciding with 16th annual Transgender Day of Visibility. The trans advocate has partnered with NAESM, a historic Black HIV/AIDS organization, to launch a groundbreaking housing initiative aimed at supporting Black trans women engaged in sex work.

Located in Ts Madison’s former residence, the facility offers Black trans individuals access to safe housing, gender-affirming healthcare, economic opportunities, and holistic support.

The grand opening stirred deep emotions for the RuPaul’s Drag Race judge. “This morning I was having withdrawals because this is a big thing. Like, this is my house. I’m like, I’m giving my house to the community. That means people are going to be transitioning in and out and in and out of this house. I built a legacy here, but I’m still attached to this house. These are girls that are disenfranchised. These are girls that are homeless. These are girls that are trying to find another way in their life.”

The Ts Madison Starter House is part of A New Way of Life’s SAFE Housing Network, a global coalition of over 30 organizations focused on providing reentry support for women who have been incarcerated. Founded in 1998, the SAFE Housing Network aims to reduce incarceration rates in the U.S. by offering safe housing, assisting individuals in healing from the trauma of their experiences, and empowering them to take a leadership role in the movement to end mass incarceration.

Dominique Morgan, the Executive Director of the project, emphasized the importance of community support. “I think so many of us feel the fear of what’s happening in this climate, and so many folks feel like, oh my goodness, are we going to make it. And what today really symbolizes for me is that we have answers happening all over the place, and that we have the power to decide how we show up for each other.”

This facility will serve as a vital stepping stone for women, providing safe, affirming housing that prioritizes dignity and stability. To learn more and/or make a donation to the project, visit the official page for the Ts Madison Starter house.

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Kentucky Re-Legalizes Conversion Therapy, Restricts Adult Access to Gender-Affirming Care

*This is being reported by THEM.

Kentucky’s legislature has overridden Gov. Andy Beshear’s veto of a bill that allows conversion therapy to resume in the state and that bans Medicaid funds from being used for gender-affirming care, including for adults. Beshear also allowed a bill banning incarcerated people from receiving or continuing to receive publicly funded gender-affirming care to pass into law without his signature.

On Wednesday, the Kentucky House and Senate, which are both controlled by Republicans, voted to override Beshear’s veto of House Bill 495, per the Lexington Herald-Leader. The bill reverses the governor’s September 2024 executive order, which banned so-called conversion therapy from being practiced on youth in the state. Though HB 495 was originally only meant to roll back the ban on the harmful, discredited practice, the bill was additionally amended to add a ban on the use of Medicaid funds for gender-affirming care for trans adults, per the Herald-Leader. HB 495 has an emergency clause, meaning that it takes effect immediately. According to the Kentucky Lantern, the House voted to override the veto 78-20, and the Senate voted 31-6.

However, Beshear did not veto Senate Bill 2, which bans gender-affirming care for incarcerated trans people. At a press conference in December, Beshear stated that “convicted felons do not have the right to have any and all medical surgeries paid for entirely by tax dollars, especially when it would exceed the type of coverage available to law-abiding citizens in the private sector,” according to The Hill. As the publication noted, though, the state has never provided a gender-affirming surgery for an incarcerated person. Even so, gender-affirming care, including surgery, is medically necessary. As the ACLU’s Chase Strangio told Them in September, “Courts have consistently held that blanket denials of medical care, including medical treatment related to gender dysphoria, are unconstitutional,” since the denial of that care could violate the Eighth Amendment, which prohibits cruel and unusual punishment.

According to the Kentucky Lantern, there are only 67 trans people incarcerated in Kentucky prisons, all of whom will be forced to stop gender-affirming hormone therapy if that care is paid for with public funds. At a February hearing, Louisville psychologist Jacks Gilles testified against the bill, stating that stopping that care “will result in negative outcomes, including increased anxiety, disturbances in social and familial relationships, depression, suicidality and death,” according to the Lantern. “Gender-affirming medical care is not experimental, it’s not elective, and it’s not cosmetic,” Gilles said.

Beshear has previously been hailed as an outspoken advocate for the trans community. In a November 2024 op-ed for the New York Times, the governor pleaded with his fellow Democrats to not scapegoat trans people for the party’s loss. Though the legislature overrode his veto, in 2023 Beshear did attempt to put a stop to a wide-sweeping anti trans bill that banned minors from receiving gender-affirming care, prohibited trans kids from using the bathrooms that align with their identities at school, and banned discussion of LGBTQ+ topics in elementary schools.

In a statement posted to Facebook, Chris Hartman, the executive director of statewide LGBTQ+ advocacy organization Fairness Campaign, called the passage of the bills “a sad day in Kentucky.”

“Two anti-LGBTQ+ bills will become law with devastating consequences for our community,” he said, calling both bills “cruel” and that they “have no place in our Commonwealth.”

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GOP bill could ban hairdressers from giving gender-nonconforming haircuts to minors

*This is being reported by LGBTQNation.

A bill introduced by Republican lawmakers in Arkansas aims to intimidate anyone who supports or affirms young people’s social transition.

Earlier this month, Arkansas state Rep. Mary Bentley (R) introduced H.B. 1668, the “Vulnerable Youth Protection Act,” and Republican state Sen. Alan Clark introduced the Senate version. As the American Civil Liberties Union of Arkansas and local advocacy group Intransitive note, the anti-trans bill does not actually criminalize anything. Arkansas law banning gender-affirming care for minors was already struck down by a federal judge in 2023.

Instead, H.B. 1668 “weaponizes civil enforcement by permitting lawsuits against any person who supports trans young people by providing or helping to receive gender-affirming care or by affirming young people in their transition,” according to the ACLU of Arkansas. Minors or their parents can sue for minimum damages of $10,000 and up to $10 million in punitive damages for certain forms of medical care. The bill also allows Arkansas parents to sue people or medical providers outside of the state who help Arkansas youth access gender-affirming care.

Sadly, in 2025, state laws aimed at preventing minors from receiving gender-affirming healthcare — which every major American medical association has long been endorsed as evidence-based, safe, and in some cases lifesaving for trans and gender-nonconforming youth — are nothing new. But Arkansas’s proposed law goes an alarming step further in targeting anyone who might support or affirm a young person’s social transition.

The bill defines social transitioning as “any act by which a minor adopts or espouses a gender identity that differs from the minor’s biological sex … including without limitation changes in clothing, pronouns, hairstyle, and name.”

As the ACLU of Arkansas notes, if enacted, H.B. 1668 could lead to frivolous lawsuits against “hairdressers who cut a trans teen’s hair, teachers who use a student’s chosen name, and nonprofits that offer support.” Such lawsuits, the organization says, would be unlikely to hold up in court, as the First Amendment guarantees the right to free speech and free expression.

However, the law is clearly meant to chill support for trans and gender-nonconforming young people with the threat of costly lawsuits. Describing the bill as “state-mandated bullying,” the ACLU of Arkansas writes that “H.B. 1668 fosters a climate of fear, where doctors, teachers, and even parents risk financial ruin simply for supporting transgender youth. It is a blatant overreach of government power, attempting to control private decisions and to circumvent our constitutional rights, including free speech, religious exercise, due process, and equal protection.”

During a Tuesday, March 18, hearing before the Arkansas House Judiciary Committee, a representative from the state attorney general’s office expressed concern that, as written, H.B. 1668 could not be legally defended, citing the First Amendment’s free speech protections.

“Particularly as it comes to the conduct that other individuals are allowed to have towards minors that can be deemed to be aiding in their social transitioning — things like a haircut, even clothing, or even the use of pronouns,” he said, “That’s all speech. And so our concern there is that when you are criminalizing or, in this case, providing a civil cause of action for certain forms of speech, that has to pass a very, very high constitutional bar, and we have to be able to defend that in court. And we think of this bill as it currently is, we can’t do that.”

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