ST. LOUIS–Missouri lawmakers beat a Friday deadline set by Gov. Parson to pass legislation banning transgender medical interventions for minors, as well as a ban on transgender girls and women from playing on female sports teams at all school levels.
The House gave final passage of Senate versions of the legislation Wednesday, with two days left in the regular legislative session. The news heads off what could have resulted in a special session call from the Governor.
- The bills will take effect August 28, 2023, and unlike the House versions, expire in four years
- Minors already receiving hormone therapy or puberty blockers prior to the effective date would be able to continue treatment
- According to the Missouri State High School Activities Association, a total of eight students in the current academic year are competing under the existing rules for transgender athletes, which require students to be undergoing hormone therapy. A spokesman said there was a single student in sixth, seventh and eighth grade, three freshmen, one sophomore, and one senior.
- Legal action on one or both bills seems likely
“Both bans attempt to erase transness from Missouri. Every person in the state should be alarmed by this weaponization of the government to intimidate people through the denial of basic health care and exclusion from extracurricular activities,” the ACLU of Missouri said in a statement Wednesday, adding that it would “continue to explore all options to fight these bans and to expand the rights of trans Missourians.”
In March, the Department of Justice sent letters to state attorneys general, warning states against “Intentionally erecting discriminatory barriers to prevent individuals from receiving gender-affirming care,” citing the Fourteenth Amendment’s Equal Protection and Due Process clauses.
“Because a government cannot discriminate against a person for being transgender “without discriminating against that individual based on sex,” state laws or policies that discriminate against transgender people must be “substantially related to a sufficiently important governmental interest,” the letter said.
The Department of Justice filed suit to stop a Tennessee bill similar to Missouri’s ban on transgender medical treatment for minors, from taking effect in July.
The Justice Department declined comment Wednesday, but a source confirms officials there are aware of the Missouri legislation.
Attorney General’s action
Missouri Attorney General Andrew Bailey’s office authored emergency rules governing transgender medical care–regardless of age– which are currently being challenged in St. Louis County Court. A judge has issued a temporary restraining order that could remain in place until late July.
The rule came after a whistleblower complaint regarding practices at Washington University’s Transgender Clinic at St. Louis Children’s Hospital. The school’s own investigation found the allegations were unsubstantiated. Bailey’s office has launched a larger investigation involving other state agencies.
“I’m extremely pleased with the legislature’s move to halt the mutilation of children in the state of Missouri. As I’ve held all along, there is no scientific evidence supporting these experimental procedures, and I’m proud to have led in the fight to protect Missouri’s children," Bailey said late Wednesday afternoon. "As for our pending legal actions, we are reviewing our options in light of the recently passed legislation.”