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Judge blocks Ark. anti-trans youth health care law from taking effect

Hormones, transgender surgeries prohibited under measure

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A federal judge has blocked an Arkansas law from taking effect that would have criminalized providing transition-related care to youth, including hormones and gender reassignment surgery.

U.S. District Judge James Moody Jr., an Obama appointee, enjoined the law from taking effect on Wednesday after hearing oral arguments in a lawsuit by the American Civil Liberties Union. The law was set to go into effect July 28.

Holly Dickson, executive director of the ACLU of Arkansas, said in a statement the decision “sends a clear message to states across the country that gender-affirming care is life-saving care, and we won’t let politicians in Arkansas — or anywhere else — take it away.”

“Today’s victory is a testament to the trans youth of Arkansas and their allies, who never gave up the fight to protect access to gender-affirming care and who will continue to defend the right of all trans people to be their authentic selves, free from discrimination,” Dickson said. “We won’t rest until this cruel and unconstitutional law is struck down for good.”

The Arkansas law would have banned doctors from providing gender reassignment surgery, hormones or puberty blockers to any person under age 18. Doctors who provide the treatment in violation of the ban could be sued for damages or professionally sanctioned. The measure contained no grandfather clause for minors who were already undergoing treatment.

The law is but one of several measures enacted against transgender youth amid a wave of bills advanced by state legislatures this year, many of which are geared toward school sports or health care.

It’s also the second law to be enjoined from taking effect. Another court has blocked a Tennessee law from going into effect that would have required public accommodations to post signs if they allow transgender people to use the restroom consistent with their gender identity.

The Arkansas Legislature enacted the law, known as House Bill 1570, in March by overriding the veto of Gov. Asa Hutchinson. (Hutchison, however, had already signed into law this year two measures seen as anti-transgender, one barring transgender youth from sports, another allowing medical providers to opt out of offering procedures over religious objections.) The Arkansas law was set to go into effect on July 28.

Sam Brinton, vice president of advocacy and government affairs for The Trevor Project, said in a statement the ruling was “a huge victory for transgender and nonbinary youth in Arkansas.”

“Thank you to our friends at the ACLU and to all the brave families and doctors involved in this case,” Brinton said. “Gender-affirming medical care is associated with positive mental health outcomes and reduced suicide risk. All trans youth deserve access to this best-practice care regardless of where they live.”

The American Civil Liberties Union filed a lawsuit in May against the law on behalf of four transgender youth and their families as well as two doctors, contending it violates equal protection and due process under the Fourteenth Amendment and the freedom of speech under the First Amendment.

Arkansas Attorney General Lisa Rutledge pledged in a statement in the aftermath of the ruling to appeal the decision, making dubious claims the law was “evidence-based.”

“This evidence-based law was created because we cannot allow children as young as 9 years old to receive experimental procedures that have irreversible, physical consequences,” Rutledge said. “I will aggressively defend Arkansas’ law, which strongly limits permanent, life-altering sex changes to adolescents. I will not sit idly by while radical groups such as the ACLU use our children as pawns for their own social agenda. As the Attorney General of Arkansas, I will be appealing today’s decision.”

The Biden administration has also weighed in on this litigation, filing last month a Statement of Interest before the court assessing the Arkansas law violates equal protection and due process under the Fourteenth Amendment.

Tony Perkins, president of the anti-LGBTQ Family Research Council, said in a statement his organization is “disappointed but not surprised” by the judge’s ruling.

“The legal challenge to this law is being mounted by a political movement that advocates for using off-label drugs and experimental procedures on minors,” Perkins said. “Yet a growing number of individuals are coming forward to share their stories of being permanently disfigured and/or sterilized from procedures such as puberty-blocking drugs, cross-sex hormones and irreversible surgeries. The truth about the dangers of these life altering procedures cannot be ignored.”

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National

LGBTQ community explores arming up during heated political times

Interest in gun ownership has increased since Donald Trump returned to office

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Gun rights organizations and advocates say interest in gun ownership seems to have increased in the LGBTQIA+ community since President Donald Trump returned to the White House last year. (Photo by Kaitlin Newman for the Baltimore Banner)

By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.

Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.

“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”

Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.

The rest of this article can be read on the Baltimore Banner’s website.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

Glisten’s 30th annual Day of Silence will take place on April 10.

The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth. 

It takes place annually and has multiple ways for supporters to get involved in the movement. 

Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence. 

There are three main ways for the community to get involved in the Day of Silence. 

Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…” 

Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link. 

Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence. 

Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence. 

“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”

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