Lambda Legal, a leading LGBTQ rights group, revealed on Monday a lawsuit aimed at halting the enforcement of a Louisiana ban on gender affirming procedures for transgender youth. The lawsuit was consolidated by the civil rights organization in conjunction with the Center for Health Law & Policy Innovation of Harvard Law and a local Louisiana law firm. The suit was filed on behalf of five underage plaintiffs and their families, who are challenging Act 466, otherwise referred to as the Health Care Ban.
This law, which took effect on January 1, prohibits gender-affirming medical treatment for minors, including hormone therapy, gender reassignment, and other procedures. This legislative move came to light after Louisiana lawmakers overturned a veto from then-governor John Bel Edwards. Lambda Legal asserts in a statement that Act 466 infringes on parents’ rights to guide their children’s healthcare, contravenes the state constitution by unlawfully restricting minors’ access to or denial of medical care, and breaches the state constitution’s guarantee of equal protection by discriminating based on sex and transgender status.
Omar Gonzalez-Pagan, Counsel and Health Care Strategist for Lambda Legal, expressed concern that Act 466 unlawfully targets transgender youth by expressly limiting their access to medically recommended treatments, which he described as evidence-based, safe, and effective. Arguing that denial of these treatments to minors solely on the basis of their transgender status is both illegal and harsh, particularly when similar treatments are made available to all other minors.
Transgender legal rights are currently under assessment in several U.S states. In December, a federal judge refused to halt a challenge to an Alabama law that criminalizes gender-affirming care for minors. Meanwhile, Ohio’s governor vetoed a bill banning gender-affirming care for minors. In total, 21 states have banned best-practice medication and surgical treatment for transgender youth.
Through recent years, Louisiana has introduced and passed numerous laws related to LGBTQ+ rights, including a law passed in 2022 banning trans youth from participating in sports corresponding to their gender identity. With Jeff Landry winning the Louisiana gubernatorial election in October, who has supported the state’s ban on gender affirming care for trans minors, trans activists predict contenders for two bills that failed to be overridden thanks to then-governor Edwards’ vetoes. These are likely to be reintroduced in 2024 and may bear Landry’s signature.