This week, the American Civil Liberties Union announced that they are representing two families of transgender youth in a lawsuit against Kansas bill SB 63, a ban on gender affirming care for minors.
These families, who have adopted the Roe and Loe pseudonyms to protect their privacy, accuse the state of violating the Kansas Constitution that guarantees equal protection for all in the state.
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“Our clients and every Kansan should have the freedom to make their own private medical decisions and consult with their doctors without the intrusion of Kansas politicians,” said D.C. Hiegert, Civil Liberties Legal Fellow for the ACLU of Kansas, in a public statement.
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“SB 63 is a particularly harmful example of politicians’ overreach and their efforts to target, politicize, and control the healthcare of already vulnerable Kansas families. We are honored to represent our clients in standing up for their constitutional rights and in fighting back against this threat to our communities.”
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The suit goes further in arguing that this encroaches on parental liberty—a line typically used by opponents of transgender rights to justify bans on gender affirming care. It recognizes that parents have the “fundamental right to the care, custody, and control of their children,” particularly in the realm of medicine.
SB 63 is a sweeping ban that restricts all forms of gender affirming medical care for minors, including language that would lead to doctors’ licenses being revoked if they provide such care, regardless of the wishes of the parent. Further, it mandates that government employees restrict the social transition of minors.
Kansas Governor Laura Kelly vetoed this in January, however the legislature overrode her veto, with the bill going into effect February 20.
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