Lambda Legal and the American Civil Liberties Union (ACLU) are considering filing a lawsuit over Attorney General (AG) Andrew Bailey’s emergency ruling that limits gender-affirming healthcare for adolescents and adults.
“It is a dramatic escalation of the attacks on gender-affirming care into the realm of adult care, which is shocking and deeply concerning,” said Nora Huppert, Lambda Legal staff attorney.
Lambda Legal is a national legal group that represents LGBTQ persons.
Bailey’s directive, issued on April 13, clarifies that state law already prohibits performing experimental procedures, such as gender transition interventions, and will expire in February 2024.
“We are still evaluating our options and will take any necessary legal action against this regulation,” Huppert told the St. Louis Record. “The regulation is vaguely and confusingly written. One portion of the regulation seems to require folks to have a gender dysphoria diagnosis for three years before beginning care. Another provision seems to require 18 months of counseling before accessing care.”
The regulation becomes effective on April 27 and requires informed written consent, screening for social media addiction, screening for autism, and assurance that the patient is not experiencing social gender identity contagion.
“My office is stepping up to protect children throughout the state while we investigate the allegations and how they are harming children,” Bailey said in a statement online.
Bailey issued the ruling after it was alleged by a case manager at Washington University Transgender Center at St. Louis Children’s Hospital that instead of receiving mental health treatment, children were receiving puberty blockers even in cases where the drugs were questioned by family members.
In response to the allegation, Bailey sent a letter to leaders at the Center demanding they stop treating children with cross-sex drugs.
“We've certainly seen no shortage of political figures across the country trying to raise their profile by going after transgender people who are already a vulnerable population and I wouldn't be surprised if that is what's happening here,” Huppert said about Bailey.
As previously reported, instead of issuing a moratorium, as requested by Bailey, St. Louis Children’s Hospital’s Richard J. Liekweg, and Washington University Chancellor Andrew D. Martin said they would establish additional oversight.
“The degree to which the Attorney General is stepping into the practice of medicine or attempting to step into regulating the practice of medicine is really concerning," Huppert added. "The specific medical requirements that the Attorney General is setting up are striking.”
This week, the Missouri House voted to ban transgender athletes from participating in school sports that don't match their gender of origin.