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U.S. Federal Courts

Federal judge tosses Ark. transgender youth healthcare ban

House Bill 1570 deemed unconstitutional

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(Bigstock photo)

In his 80-page order Tuesday, U.S. District Court Judge James M. Moody, Jr., permanently enjoined the state of Arkansas from enforcement of House Bill 1570, aimed to ban gender-affirming care for transgender youth, finding the law violates the Constitutional rights of transgender youth, their parents, and their medical providers.

Moody held that plaintiffs prevailed on all their claims, finding the ban violated the Equal Protection Clause, the Due Process Clauses and the First Amendment of the U.S. Constitution.

The decision follows a weeks-long trial in the fall of 2022 and is the first final merits ruling in the country on such a law. LGBTQ legal advocates noted that similar laws in Alabama, Florida and Indiana are currently blocked by preliminary injunctions from federal courts.

The law was challenged by four families of trans youth and two doctors. The law also barred any state funds or insurance coverage for gender-affirming health care for trans people under 18, and it would have allowed private insurers to refuse to cover gender-affirming care for people of any age.

Dylan Brandt and his mother
(Photo courtesy of the ACLU of Arkansas)

ā€œI’m so grateful the judge heard my experience of how this health care has changed my life for the better and saw the dangerous impact this law could have on my life and that of countless other transgender people,ā€ saidĀ Dylan Brandt, a 17-year-old trans boy from Arkansas.Ā ā€œMy mom and I wanted to fight this law not just to protect my health care, but also to ensure that transgender people like me can safely and fully live our truths. Transgender kids across the country are having their own futures threatened by laws like this one, and it’s up to all of us to speak out, fight back, and give them hope.”

ā€œWe’re relieved and grateful that the court has ruled in favor of these brave Arkansans and their rights, protecting life-saving care that should be available to all trans youth,ā€ saidĀ Holly Dickson, executive director of the American Civil Liberties Union of Arkansas.Ā ā€œThis decision sends a clear message. Fear-mongering and misinformation about this health care do not hold up to scrutiny; it hurts trans youth and must end. Science, medicine, and law are clear: Gender-affirming care is necessary to ensure these young Arkansans can thrive and be healthy.ā€

ā€œThis ruling offers an enormous relief to transgender youth and their families across Arkansas and across the country,ā€ said Chase Strangio, deputy director for transgender justice at the ACLU’s LGBTQ and HIV Project. ā€œIn state after state, transgender people are being forced to fight for our most basic rights, including access to the health care many of us need to live. This victory shows that these laws, when tested by evidence, are indefensible under any standard of constitutional review. We hope that this sends a message to other states about the vulnerability of these laws and the many harms that come from passing them. We’re so thankful for the bravery of our clients and the tireless work of advocates in Arkansas.ā€

“This is the first final decision in the country in a case challenging a ban on medical care for transgender youth, and it could not be a more resounding victory for the transgender minor plaintiffs and their parents. This important victory will be enormously helpful in the many other pending challenges to similar bans in other states. The ACLU did a superb job in this case, which has now set a precedent that other courts are likely to follow,” Shannon Minter legal director for the National Center for Lesbian Rights, told the Washington Blade Tuesday afternoon.

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U.S. Federal Courts

Second judge blocks Trump’s anti-trans military ban

Federal courts in D.C. and Washington State have now issued injunctions

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President Donald Trump (Washington Blade photo by Michael Key)

The U.S. District Court for the Western District of Washington on Thursday became the second court to issue a nationwide injunction blocking the enforcement of President Donald Trump’s executive order barring transgender people from military service.

The order in Schilling v. Trump from Judge Benjamin Hale Settle comes after Judge Ana Reyes of the U.S. District Court for the District of Columbia blocked implementation of the ban earlier this month in Talbott v. Trump.

Friday was the date by which the Pentagon was to begin identifying and separating transgender service members from the armed forces, per Trump’s executive action.

The lead attorneys in Talbott v. Trump, GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi and Shannon Minter, legal director of the National Center for Lesbian Rights, shared statements about the injunction in a press release by NCLR.

ā€œGiven the thousands of brave and decorated transgender servicemembers facing unthinkable harms as the result of this ban, we are heartened but not surprised by today’s decision,ā€ Levi said. “President Trump’s executive order and Secretary [Pete] Hegseth’s implementation represent a policy that cannot be constitutionally justified. Thousands of transgender servicemembers currently serving have clearly demonstrated they meet all military standards, with many deployed to critical missions worldwide, proving their capabilities beyond question.”

Levi continued, “These dedicated servicemembers and their families have earned our nation’s gratitude and respect, and the government has a responsibility to honor the commitments it has made to them. This is about keeping faith with Americans who have risked everything to defend our freedoms.”

ā€œIn both Talbott and Shilling, it was abundantly clear to the court that it must act swiftly to protect our troops from an unconstitutional and indefensible ban that would disrupt the lives and dismantle the careers of thousands of transgender servicemembers and their families,” Minter said. “The harms associated with this ban are gut-wrenching.ā€

Minter continued, ā€œIn each of these cases, the government did not even attempt to claim that any evidence supported its position. There is no reason to discharge individuals who are serving capably and honorably.ā€

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U.S. Federal Courts

Federal judge hears case that challenges Trump passport executive order

State Department no longer issues passports with ‘X’ gender markers

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A federal judge in Boston on Tuesday heard oral arguments in a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

Ashton Orr, Zaya Perysian, Sawyer Soe, Chastain Anderson, Drew Hall, Bella Boe, and Reid Solomon-Lane are the plaintiffs in the class action lawsuit the American Civil Liberties Union, the ACLU of Massachusetts, and the private law firm Covington & Burling LPP filed in U.S. District Court for the District of Massachusetts. The lawsuit names Trump and Secretary of State Marco Rubio as defendants.

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022.

Trump signed the executive order that overturned it shortly after he took office. Rubio later directed State Department personnel to ā€œsuspend any application requesting an ā€˜X’ sex marker and do not take any further action pending additional guidance from the department.ā€  

ā€œEven before Donald Trump was inaugurated, it was clear to me he wanted to control the lives and identities of transgender people like myself,ā€ said Orr, a transgender man who lives in West Virginia, in a press release the ACLU released before U.S. District Judge Julia Kobick heard the case. ā€œLike many others, I rushed to update my passport hoping I could get an accurate version. Now, the State Department has suspended my application and withheld all my documents from me, including my passport, my birth certificate, and even my marriage license.”

Li Nowlin-Sohl, a staff attorney for the ACLU’s LGBTQ and HIV Project, described the Trump-Vance administration’s passport policy as “openly discriminatory and animated by a transparent desire to drive transgender people out of public life altogether.”

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

WorldPride is scheduled to take place in D.C. from May 17-June 8. InterPride, the organization that coordinates WorldPride events, on March 12 issued its own travel advisory for trans and nonbinary people who want to travel to the U.S.

It is unclear when Kobick will issue her ruling. 

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U.S. Federal Courts

Court halts removal of two transgender service members

Case challenging anti-trans military ban proceeds in D.C.

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Laila and Logan Ireland (Photo courtesy of the couple)

A federal court in New Jersey issued a temporary restraining order on Monday that will halt the separation of two transgender service members from the U.S. military while their case in D.C. challenging the Trump-Vance administration’s ban moves forward.

The order by Judge Christine O’Hearn pauses proceedings against Staff Sgt. Nicholas Bear Bade and Master Sgt. Logan Ireland, who “have been pulled from key deployments and placed on administrative absence against their will because of the ban,” according to a joint press release Monday by the National Center for Lesbian Rights and GLAD Law, which are representing the service members together with other litigants in Ireland v. Hegseth and in the case underway in the U.S. District Court for the District of Columbia, Talbott v. Trump.

“That court granted a preliminary injunction March 18 barring the Department of Defense from implementing the ban, finding that it discriminates based on sex and transgender status; that it is ‘soaked in animus;’ and that, due to the government’s failure to present any evidence supporting the ban, it is ‘highly unlikely’ to survive any level of judicial review,” the groups noted in their press release.

Ireland spoke with the Washington Blade in January along with other trans service members and former service members who shared their experiences with the military and their feelings on the new administration’s efforts to bar trans people from the U.S. armed forces.

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