The American Civil Liberties Union (ACLU) has filed a lawsuit to block Missouri's restrictive gender-affirming health care regulations, which are set to take effect on Thursday.
The ACLU, along with Lambda Legal and Bryan Cave Leighton LLP attorneys, are representing transgender Missourians and healthcare providers in the lawsuit. They argue that the state's Republican Attorney General, Andrew Bailey, has no authority to regulate gender-affirming care through emergency rule-making using a state consumer-protection law.
Restrictive Regulations for Gender-Affirming Health Care
According to ABC, the new regulation mandates that people who want to receive gender-affirming medical treatments must have evidence of gender dysphoria documented for three years and have had at least 15 hourly sessions with a therapist over a minimum of 18 months.
Patients will also have to be screened for autism and social media addiction, and any psychiatric symptoms from mental health issues will have to be treated and resolved before receiving gender-affirming treatments.
The rule also requires doctors to provide a lengthy list of potential negative side effects and information warning against those treatments before delivering them.
Healthcare providers and transgender advocates have raised concerns about the potential impact of the new regulation on transgender individuals' access to necessary medical care. They believe the rule is an extra-legislative overreach that limits healthcare options for transgender individuals.
The regulation has been marketed as a way to protect minors from experimental treatments, but it also applies to adults.
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Impact of Gender-Affirming Health Care Regulations
The lawsuit, filed on Monday, alleges that the rule is discriminatory and seeks to use the state's consumer-protection law to limit healthcare options for transgender individuals. It further argues that the regulation is an improper overreach by an unelected political appointee.
Around 30 years ago, the FDA authorized the use of puberty blockers to treat precocious puberty in children, a condition where sexual development starts earlier than usual.
Although the FDA has not given its approval for these medications to be used for gender-questioning youth, they have been utilized for that purpose for many years as an "off-label" treatment, which is a widely accepted practice for several medical conditions.
According to healthcare providers who work with transgender patients, decades of experience demonstrate that the treatments are not experimental. Detractors of gender-affirming healthcare have expressed concerns about the possibility of children changing their minds.
According to the ACLU, anticipated for some time, the ongoing legal dispute stems from Attorney General Andrew Bailey's recent emergency regulation in Missouri, which restricts access to gender-affirming care.
In response, Lambda Legal and the American Civil Liberties Union of Missouri have pledged to support the transgender community by taking legal action as needed.
According to their joint statement, the regulation is founded on untrue and disproven assertions, disregarding extensive scientific and medical evidence that supports the effectiveness of gender-affirming care. They also emphasized the support of medical professionals and experts who work with transgender individuals on a daily basis.
Abortion Ban in Missouri
Furthermore, just like any conservative state, Missouri has also banned abortion. It is important to note that Missouri has completely banned abortion due to a Missouri law that went into effect on June 24, 2022.
According to the Associated Press, it is only legal to travel out of state to get an abortion, with exceptions allowed only to save the pregnant person's life and to prevent serious risks to their physical health.
The ACLU's lawsuit against Missouri's restrictive gender-affirming health care regulation represents a legal battle that could have significant implications for transgender individuals in the state.
As the fight for the right to access gender-affirming medical treatments continues, it remains to be seen how this lawsuit will ultimately impact the healthcare landscape in Missouri.
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