Today (Thursday, March 31), on International Transgender Day of Visibility, the U.S. Justice Department issued a letter to all state attorneys general to remind them of federal constitutional and statutory provisions protecting transgender youth from discrimination, including when those youth seek gender-affirming care.
The “reminder” comes just a little more than a month after Texas AG Ken Paxton issued his non-binding opinion saying that gender-affirming health care for transgender children is child abuse, and Gov. Greg Abbott used that opinion as the basis for a directive ordering the state’s Department of Family and Protective Services to launch child abuse investigations into parents and medical professionals providing gender-affirming health care to transgender children under 18.
Paxton’s opinion carries no weight of law and has been discredited by legal experts. And a lawsuit has been filed challenging the legality of Abbott’s directive.
The letter tells states that laws and policies preventing individuals from receiving gender-affirming medical care may infringe on federal constitutional protections under the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. The letter also discusses federal statutes that impose nondiscrimination obligations, including Section 1557 of the Affordable Care Act, Title IX of the Education Amendments of 1972, the Omnibus Crime Control and Safe Streets Act of 1968, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act.
“The Department of Justice is committed to ensuring that all children are able to live free from discrimination, abuse and harassment,” Kristen Clarke, assistant attorney general for the Justice Department’s Civil Rights Division said. “Today’s letter reaffirms state and local officials’ obligation to ensure that their laws and policies do not undermine or harm the health and safety of children, regardless of a child’s gender identity.”
Justice Department officials said the letter was issued on the International Transgender Day of Visibility “in recognition of the contributions and accomplishments of transgender and gender non-conforming people, as well as their continued struggle to live free from violence and discrimination.”
Read the full text of the letter here. Visit the website here for more information about the Civil Rights Division’s work to uphold and protect the civil and constitutional rights of LGBTQ people. Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal.
