LANSING, Mich. (Michigan News Source) – Michigan Democratic Attorney General Dana Nessel joined a multistate coalition of 20 attorneys general in opposing what they deem to be “dangerous laws” in Kentucky and Tennessee that “severely limit transgender youths’ access to critical and lifesaving healthcare” by restricting medical treatment for transgender minors seeking “gender-affirming care.”
The laws in question are Tennessee’s Senate Bill 001 and Kentucky’s Senate Bill 150. The bills, both enacted in March this year, are aimed at blocking transgender minors’ access to medical treatment such as hormone therapy and puberty blockers to treat gender dysphoria – and in Tennessee, it includes surgery as well.
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Gender dysphoria, according to the Mayo Clinic is “The feeling of discomfort or distress that might occur in people whose gender identity differs from their sex assigned at birth or sex-related physical characteristics.”
State lawmakers in Kentucky and Tennessee have said that that the referenced legislation is necessary to protect minors from being permanently harmed. Tennessee Senate Majority Leader Jack Johnson (R-Franklin), the sponsor of the Tennessee bill said, “I believe every Tennessean should have the opportunity to live a life of purpose and dignity in the lawful manner they so choose. If that involves seeking permanent, irreversible alterations to your body, I support your right to do so, when you’re an adult. Not when you’re a child and you do not have the mental capacity to do so.”
On the other side of the aisle, Tennessee Senator Jeff Yarbro (D-Nashville), said, “Frankly, you can get any number of cosmetic surgeries that reinforce how feminine or masculine your child feels, as long as you don’t cross” (the line into gender dysphoria care). When this body starts talking about making it illegal to think one way, or a parent to think one way and choose something, that’s when everybody in here should pause.”
The coalition of attorneys general that AG Nessel joined, led by California, filed an amicus brief in support of plaintiffs, L.W. v Skrmetti on Thursday, August 10th, stressing the importance of gender-affirming care for the health and well-being of transgender youth and stating that they “strongly support transgender people’s right to live with dignity, be free from discrimination, and have equal access to healthcare.”
In a statement in Friday’s press release, AG Nessel said, “The Tennessee and Kentucky laws serve to further marginalize a community that often feels invisible. These laws shove the state government between minor patients, their parents, and the recommendations of trusted medical specialists their families have chosen to care for them. I proudly stand with my colleagues in opposing these laws that do not comport with the way we should treat our children or our LGBTQ+ community.”
In their amicus brief, the coalition supported the plaintiffs’ lawsuits seeking to block the enforcement of SB 1 and SB 150, arguing that the laws significantly harm the health and lives of transgender people by denying them medically necessary care that protects their physical, emotional, and psychological health. They also contend that the laws are discriminatory and violate the Equal Protection Clause of the U.S. Constitution by singling out medical care for transgender youth while permitting it for cisgender youth (a term used to describe a person whose gender identity corresponds to their sex assigned at birth.)
