On April 13, Republican Missouri Attorney General Andrew Bailey issued an emergency regulation claiming gender-affirming healthcare for transgender minors is already illegal under a state law prohibiting certain medical interventions in the absence of “substantial guardrails,” The Hill reported.
Bailey claimed that because gender-affirming medical interventions are considered “experimental,” they are covered by a state law governing “unfair, deceptive, and unconscionable business practices,” which includes the administration of healthcare services. His issuance of the emergency rule followed a February announcement from his office that a multi-agency investigation had been launched into a St. Louis pediatric transgender clinic following accusations of malpractice by a former employee.
Under Bailey’s emergency regulation, which is effective April 27 and will expire next year, transgender people of all ages in Missouri will be unable to access gender-affirming health care without having exhibited three years of a “medically documented, long-lasting, persistent and intense pattern of gender dysphoria.”
Pro-LGBTQ+ organizations immediately criticized Bailey’s action. Lambda Legal stated on its website, “As national legal groups who represent LGBTQ+ people and their families in every state across this country, we condemn the lawless action of Missouri’s Attorney General in purporting to bar essential medical care for both transgender adolescents and adults. … Lambda Legal and the ACLU of Missouri are prepared to fight back in court and have announced their intention to take legal action against this order.”
Lambda Legal also noted, “The Equality Federation has tracked 117 healthcare bans targeting transgender people in the United States, with many banning gender-affirming care for transgender youth. According to the Williams Institute of UCLA, Missouri is home to… an estimated 2,900 transgender youth… between the ages of 13-18.”
—Andrew Davis
PRESS RELEASE FROM LAMBDA LEGAL AND ACLU: Advocates promise legal action in defense of transgender people
(Jefferson City, MO) — Lambda Legal and the American Civil Liberties Union of Missouri are reassuring the transgender community of Missouri that they will take any necessary legal action against Attorney General Andrew Bailey’s emergency regulation restricting access to gender-affirming care.
Lambda Legal and the American Civil Liberties Union of Missouri issued the following joint statement:
“The Attorney General’s so-called emergency rule is based on distorted, misleading, and debunked claims and ignores the overwhelming body of scientific and medical evidence supporting this care as well as the medical experts and doctors who work with transgender people every day. This rule is a shocking attempt to exploit Missouri’s consumer protection laws in order to play politics with life-saving medical care. Transgender people in Missouri deserve the support and care necessary to give them the same chance to thrive as their peers. Gender-affirming care is critical in helping transgender adolescents succeed in school, establish healthy relationships with their friends and family, live authentically as themselves, and dream about their futures. This emergency regulation will have a drastically negative impact on transgender youth, compounding the prejudice, discrimination, violence, and other forms of stigma they continue to face in their daily lives. We will defend the rights of transgender people through any necessary legal action, just as we have done in other states engaging in this anti-science and discriminatory fearmongering.”
The Equality Federation has tracked 117 healthcare bans targeting transgender people in the United States, with many banning gender-affirming care for transgender youth. According to the Williams Institute of UCLA, Missouri is home to an estimated 2,900 transgender youth between the ages of 13-18.
Any person being affected by this regulation on gender-affirming care is welcome to contact the Legal Help Desk at Lambda Legal or the ACLU of Missouri for more information on their legal rights and local resources.
Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and everyone living with HIV through impact litigation, education and policy work. http://www.lambdalegal.org.