A Missouri judge has issued a restraining order against Attorney General Andrew Bailey’s proposed limitations on gender-affirming care, a victory for transgender patients and healthcare professionals. The decision guarantees that medical professionals can carry out essential procedures without interference from the government.
The American Civil Liberties Union (ACLU) and transgender clinics filed a lawsuit opposing Bailey’s order, which was scheduled to go into force last Thursday. The proposed regulations called for a minimum of 18 months of psychotherapy for all transgender patients in Missouri, including both adults and children, before they may start or continue their therapies.
Missouri Judge Issues Restraining Order Against Proposed Restrictions on Transgender Health Care
According to KSDK, the Missouri Attorney General’s regulation on transgender healthcare was blocked by the court in part due to worries that the limits would confuse patients at hospitals and clinics. The judge cited the rule’s vagueness, which didn’t include a comprehensive list of actions that would be illegal under the Act and left a lot of space for interpretation. Both the rule’s enforcers and those obligated to abide by it could get perplexed due to this.
Since gender-affirming care is still available and unrestricted in Missouri due to the court’s ruling, transgender patients and advocates can now sigh with relief. Although the proposed rule’s future and any upcoming changes are uncertain, transgender people in Missouri can still get the healthcare they require immediately without encountering any new obstacles or limitations.
The American Civil Liberties Union (ACLU) of Missouri’s deputy director of litigation, Gillian Wilcox, has recently commended the decision that has countered the decision of Attorney General Andrew Bailey’s policy on having more restrictions on transgender health. According to Spectrum News NY 1, Wilcox has referred to the decision as a win for the transgender community of Missouri and has also noted that it stops the unlawful and unfair attempt to violate the rights of transgender people, including their rights to bodily autonomy, the ability to express one’s self, and the right to seek life-saving medical care.
Legal professionals and transgender campaigners warn that if the lawsuit is unsuccessful and the rule is put into place, Missouri will be the first state to restrict gender-affirming care for adults and adopt such restrictions through emergency rule-making than by passing new legislation.
The lawsuit claims that the rule is discriminatory and accuses the Attorney General of abusing his power by attempting to regulate gender-affirming healthcare under Missouri’s consumer protection legislation, circumventing the Republican-led Legislature.
Assistant Attorney General Defends Missouri AG’s Rule on Transgender Health Care
Assistant Attorney General Joshua Divine defended Attorney General Andrew Bailey’s proposed rule on transgender health care, arguing that the order would not prohibit gender-affirming care but rather provide “basic procedural guardrails.” According to the shared article in ABC News, divine-cited studies show that many children seeking to transition deal with mental health issues, suggesting they should undergo “talk therapy” instead.
Bailey imposed the limitations after opening an inquiry into the Washington University Transgender Center at St. Louis Children’s Hospital in February. A former employee allegedly accused the facility of giving children gender-affirming care without obtaining their informed consent, adequately evaluating each case, or offering wraparound mental health assistance. However, the university’s internal investigation found no wrongdoing and found the claims to be untrue.
Some transgender people have resorted to storing prescribed hormones or seeking alternative means to obtain drugs because of a potential lack of access to gender-affirming therapy. Many believe these treatments save their lives; some even think about leaving Missouri if the rule is not changed.
Related Article:Attorney General of Missouri Imposes Emergency Order Limiting Gender-Affirming Treatments