DOJ Joins Lawsuit Against Tennessee for Targeting Transgender Minors with Discriminatory Law

DOJ tennessee transgender discriminatory law gender affirming

By E.Baloyo , Parent Herald Apr 28, 08:58 am

Photo: (Photo : Mario Tama / Getty Images)

The Department of Justice is fighting back against Tennessee's discriminatory law targeted at transgender minors. The DOJ filed a lawsuit against the newly enacted law that prohibits transgender minors from receiving gender-affirming healthcare.

This legislation is one of several passed this year by the state's Republican-controlled State House that targets LGBTQ+ individuals.

According to the DOJ, the law violates the Constitution's equal protection clause because it discriminates against individuals based on their sex and transgender status.

Assistant U.S. Attorney General Kristen Clarke emphasized that the federal government seeks to invalidate this statute because every person, regardless of their transgender status, deserves access to necessary medical care.

DOJ Joins Lawsuit Against Tennessee

According to CNBC, the parents of transgender children undergoing gender-affirming care filed the lawsuit on April 20, and the DOJ is now joining that battle. As a result, Tennessee's Attorney General Jonathan Skrmetti and Health Commissioner Ralph Alvarado are obligated to provide a response to the lawsuit before May 8th.

According to court documents filed by the DOJ, the law's provisions are aimed directly at transgender minors, prohibiting medical procedures to treat gender dysphoria while allowing such treatments for other ailments like physical injuries, congenital defects, and early or delayed puberty in minors who identify with their biological sex.

The federal lawsuit was initiated after Assistant U.S. Attorney General Kristen Clarke sent a letter to state attorneys general last month warning them that federal law prohibits discrimination against transgender youth.

According to the Associated Press, the Justice Department also got involved in a lawsuit last year that challenged a similar ban on transgender medical care for young people, which is still ongoing.

At the start of this year's legislative session, the first proposal filed sought to prohibit gender-affirming care for minors, and Republican Governor Bill Lee signed this bill into law.

Republican leaders claimed that they took this step in response to a Nashville doctor's video that circulated on social media last year, in which he promoted gender-affirming procedures as "huge money makers" for hospitals.

Tennessee's Stringent Rules Targeting the Transgender Community

Axios reported that Tennessee's controversial SB 1 bill, which will take effect on July 1, 2023, has faced criticism from advocates and legal challenges from the DOJ.

The DOJ argues that the legislation violates the Equal Protection Clause of the Fourteenth Amendment, which prohibits states from discriminating on the basis of gender identity.

The bill has also faced opposition from transgender rights activists and parents of transgender children, who argue that it puts young people's health and well-being at risk.

The law's proponents claim that it protects minors from making irreversible decisions they may regret later.

However, the American Medical Association, the American Academy of Pediatrics, and other medical organizations have stated that gender-affirming care is safe and effective for transgender minors and can reduce the risk of anxiety, depression, and suicide.

Furthermore, the state's Republican lawmakers have also introduced a bill aimed at limiting the venues where drag shows can take place, which has been temporarily blocked by a federal judge.

Critics of the bill argue that it is discriminatory and violates the First Amendment's protection of free speech.

Tennessee is not the only state with laws restricting gender-affirming care for transgender minors.

Additionally, as reported by CNBC, 17 other states, all led by Republicans, have similar laws on the books. These states include Alabama, Florida, Idaho, Kentucky, North Dakota, Utah, Indiana, Texas, West Virginia, and more.

However, courts have blocked these laws in Alabama, Arkansas, and Texas, citing concerns over their constitutionality and potential harm to transgender minors.