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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 ā€œsends a clear message to states across the country that gender-affirming care is life-saving care, and we wonā€™t let politicians in Arkansas ā€” or anywhere else ā€” take it away.ā€

ā€œTodayā€™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,ā€ Dickson said. ā€œWe wonā€™t rest until this cruel and unconstitutional law is struck down for good.ā€

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.

Itā€™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 ā€œa huge victory for transgender and nonbinary youth in Arkansas.ā€

ā€œThank you to our friends at the ACLU and to all the brave families and doctors involved in this case,ā€ Brinton said. ā€œGender-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 ā€œevidence-based.ā€

ā€œThis 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,ā€ Rutledge said. ā€œI will aggressively defend Arkansasā€™ 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 todayā€™s decision.ā€

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 ā€œdisappointed but not surprisedā€ by the judgeā€™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,ā€ Perkins said. ā€œYet 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

Blade among nominees for GLAAD Media Awards

Paris Olympics story competing for Outstanding Print Article

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Media watchdog GLAAD announced nominees for its 36th annual GLAAD Media Awards on Wednesday encompassing more than 300 nominees in 33 categories.

The Washington Blade was nominated in the Outstanding Print Article category for, “Paris Olympics: More Queer Athletes, More Medals, More Pride, Less Grindr” by sports editor Dawn Ennis. Additionally, Blade Fellow Henry Carnell was nominated in the Outstanding Online Journalism Article category for “First They Tried to ‘Cure’ Gayness. Now Theyā€™re Fixated on ‘Healing’ Trans People,” with Madison Pauly; the story was published by MotherJones.com.

ā€œCongratulations to Dawn and Henry on their nominations,ā€ said Blade Editor Kevin Naff. ā€œThese honors reflect the Bladeā€™s more than 55-year commitment to excellence in journalism and weā€™re proud of their important work.ā€

“The GLAAD Media Awards were created nearly four decades ago to champion LGBTQ stories amid a deeply hostile and unsafe time for our community. Today, this mission holds true and ever-more important as attacks against LGBTQ people are not only growing, but finding new avenues,ā€ said GLAAD President and CEO Sarah Kate Ellis.

The GLAAD Media Awards ceremony will be held later this year in Los Angeles. For the full list of nominees, visit GLAAD.org.

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U.S. Supreme Court

Supreme Court to consider case against Montgomery County Public Schools

Plaintiffs challenging LGBTQ-specific curriculum policy

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Jan. 17 announced it will consider the case of a group of Montgomery County parents who are challenging a policy that does not allow them to “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents in a federal lawsuit they filed in May 2023 allege the Montgomery County Public Schools policy violates their religious beliefs.

A federal judge in Maryland on Aug. 24, 2023, ruled against the parents. The 4th U.S. Circuit Court of Appeals upheld the ruling.

“Under the 4th Circuit’s reasoning, parents cannot be heard until after the damage has been done to their children,” reads the Supreme Court filing that CBS News obtained. “But there is no unringing that bell ā€” by then, innocence will be lost and beliefs undermined.”

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Federal Government

Trump-Vance administration removes LGBTQ, HIV resources from government websites

President took similar action shortly after his first inauguration in 2017

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President Donald Trump (Washington Blade photo by Michael Key)

The Trump-Vance administration has “eliminated nearly all LGBTQ and HIV focused content and resources” from WhiteHouse.gov and “key federal agency” websites, GLAAD announced in a press release Tuesday.

Prior to President Donald Trump’s inauguration on Monday, GLAAD had catalogued more than 50 links to LGBTQ- and HIV-related content on White House web pages and on websites for the State Department and the Departments of Education, Justice, Defense, Health and Human Services, and Labor, along with other agencies like the U.S. Equal Employment Opportunity Commission.

As of Tuesday, GLAAD specifically found that terms like ā€œlesbian,ā€ ā€œbisexual,ā€ ā€œgay,ā€ ā€œtransgender,ā€ ā€œsexual orientation,ā€ ā€œgender identity,ā€ and “LGBTQ” are “no longer accessible on WhiteHouse.gov,” while “some LGBTQ-specific pages have been taken down from sites for the Centers for Disease Control, Department of State, and more.”

Among the pages that are no longer accessible on WhiteHouse.gov are anĀ equity reportĀ Ā from July 2021, aĀ fact sheet with information on expanding access to HIV prevention and treatment from March 2024, and information about Pride Month.

Among the entries on federal agency websites that are no longer available are 94 entries for “LGBT Rights” that were once published on the State Department’s site and dozens of links to information and resources on “LGBTQI+ Policy” that were once available on the Department of Labor website.

ā€œPresident Trump claims to be a strong proponent of freedom of speech, yet he is clearly committed to censorship of any information containing or related to LGBTQ Americans and issues that we face,” GLAAD President Sarah Kate Ellis said. “Todayā€™s action proves the Trump administrationā€™s goal of making it as difficult as possible for LGBTQ Americans to find federal resources or otherwise see ourselves reflected under his presidency.”

Ellis added, “Sadly for him, our community is more visible than ever; and this pathetic attempt to diminish and remove us will again prove unsuccessful.ā€

Shortly after Trump’s first presidential inauguration in 2017, the Trump-Pence administration scrubbed the White House and federal government websites of LGBTQ and HIV related content, provoking backlash from LGBTQ advocates.

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