Transgender rights lawsuits challenge Trump policies on passport markers, gender-affirming care for minors
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On Friday, two of the executive orders of Donald Trump that target transgenders and nonbinary individuals were challenged in court.
A group of transgender individuals sued the U.S. District Court of Boston for an order which led to the banning of “X” markers used by nonbinary people and the stopping of allowing passports to have gender markers changed.
The ACLU represents the plaintiffs who claim that the sudden policy change made last month was not in compliance with the requirement of a 60-day notification and comment period. They also say it is discriminatory based on gender and, sometimes, transgender identity.
Trump had signed an order on his first day in office, which stated that the government would only recognize people by their sex — not gender. It also defined sex to be unchangeable. This is contrary to what the American Medical Association, and other mainstream medical organizations say.
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Three Democratic states also sued the Trump Administration on Friday over its order banning federal funding for gender affirming care for young transgenders.
The Western District of Washington was sued by Washington Attorney General Nick Brown. Plaintiffs include the attorneys general from Oregon, Minnesota and three doctors. The complaint claims that the order is discriminatory against transgender individuals.
Trump signed a directive last month directing all federally-run insurance programs to exclude such coverage, including Medicaid for military families and TRICARE. The order also urges the Department of Justice and other government agencies to take legal action to stop it.
Medicaid programs in certain states cover gender affirming care. The new order indicates that this practice may end and targets hospitals, universities and other institutions that receive federal funding and provide care.
Brown, speaking at a Seattle news conference, said that the order “poses an immediate danger to young people in Washington State and to medical professionals who provide vital health care.”
The complaint claims that the order violates the equal rights protections and the separation of powers, as well as the states’ power to regulate anything not explicitly delegated to federal government.
This development follows a separate suit filed by families with children who are transgender or nonbinary in a federal court in Baltimore earlier this week.
While legal battles continue, some providers have stopped providing gender affirming care to transgender youth. Officials in New York told hospitals it would be a violation of the law to cease the services.
Trump’s orders include those on access to health care and the definition of the sexes. He has also issued orders that could lead to the exclusion of transgenders from military service, and new rules for how schools teach about gender.
Trump signed an executive directive on Wednesday that would ban transgender athletes participating in women’s and girls’ sports.
There have been legal challenges filed against the military order as well as a plan that would move transgender female federal prisoners to male facilities. Other legal challenges are also likely, as have been filed against a number of Trump’s policy.
Researchers found that less than one in 1,000 teenagers receives the treatment, which can include hormone treatments, puberty blocking drugs, and even surgery. Surgery is uncommon for children.
Transgender people are gaining visibility and acceptance, but there is a vehement backlash. At least 26 state laws have been passed to limit or ban care for minors. The U.S. Supreme Court has heard arguments in the past year, but it hasn’t yet decided whether Tennessee’s ban on care is constitutional.
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