The U.S. Department of Justice is reminding all states that there are federal constitutional and statutory provisions in place to protect transgender youth against discrimination, including when they are seeking gender-affirming care.
In a letter Thursday addressed to all U.S. state attorneys general, Assistant Attorney General Kristen Clarke, for the Justice Department’s Civil Rights Division, reinforced federal nondiscrimination obligations afforded to trans youth.
“(The DOJ) is committed to ensuring that transgender youth, like all youth, are treated fairly and with dignity in accordance with federal law,” the letter reads in part. “This includes ensuring that such youth are not subjected to unlawful discrimination based on their gender identity, including when seeking gender-affirming care.”
The letter, issued on the International Transgender Day of Visibility, should serve as a reminder “of several important federal constitutional and statutory obligations that flow from these fundamental principles.”
The warning comes as several Republican-majority legislatures across the country pass laws specifically targeting transgender youth.
On Wednesday, the Republican governors of Oklahoma and Arizona signed legislation banning transgender girls and women from competing in school sports consistent with their gender identity.
Gov. Doug Ducey, of Arizona, also signed into law a bill limiting healthcare for transgender youth even when doctors say that the treatment is medically necessary and lifesaving.
This type of legislation has been opposed by healthcare professionals, LGBTQ advocates, and major health organizations, including the American Academy of Child and Adolescent Psychiatry, the American Academy of Pediatrics, and the American Medical Association, which have denounced “these anti-transgender bills,” saying that they “promote discrimination and do harm to students, their families, and their communities.”
Last month, in a move that sparked outrage and national headlines, the Republican governor of Texas, Greg Abbott, ordered state agencies to conduct a “prompt and thorough” investigation into gender-affirming care for transgender youth.
His directive came just days after the state’s attorney general, Ken Paxton, issued an opinion stating that such “procedures and treatments” could legally constitute “child abuse when performed on minor children.”
In her letter, Clarke reminded AGs that “intentionally erecting discriminatory barriers to prevent individuals from receiving gender-affirming care implicates a number of federal legal guarantees. State laws and policies that prevent parents or guardians from following the advice of a healthcare professional regarding what may be medically necessary or otherwise appropriate care for transgender minors may infringe on rights protected by both the Equal Protection and the Due Process Clauses of the Fourteenth Amendment.”
Meanwhile, President Biden released a statement ahead of Trans Day of Visibility honoring members of the transgender community “who are fighting for freedom, equality, dignity and respect” while acknowledging ongoing efforts by state legislatures to target transgender youth.
“In the past year, hundreds of anti-transgender bills in states were proposed across America, most of them targeting transgender kids. The onslaught has continued this year. These bills are wrong,” he said.
“Efforts to criminalize supportive medical care for transgender kids, to ban transgender children from playing sports, and to outlaw discussing LGBTQI+ people in schools undermine their humanity and corrode our Nation’s values. Studies have shown that these political attacks are damaging to the mental health and well-being of transgender youth, putting children and their families at greater risk of bullying and discrimination,” the president added.
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