Federal Nondiscrimination Obligations Regarding Transgender Youth
The Department of Justice (DOJ) issued a letter to all state attorneys general, reminding them of federal constitutional and statutory provisions that protect transgender youth against discrimination, including when those youth seek gender-affirming care. The letter advises that laws and policies preventing individuals from receiving gender-affirming medical care may infringe on 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 letter signals DOJ’s willingness to pursue legal action against states and also provides fodder for allied groups to pursue additional litigation against anti-trans bills. It also continues the practice of DOJ filing statements of interest in lawsuits brought forth by outside groups such as the ACLU, Lamda Legal, and other advocacy groups against states.
In April 2022, DOJ filed a complaint challenging an Alabama law, Senate Bill (S.B.) 184, that prohibits certain types of gender affirming care.
In April 2023, DOJ filed a similar complaint challenging Tennessee’s Senate Bill 1, that bans certain types of gender-affirming care.
