Trump DOJ drops federal interest in NC law against gender transition surgeries for minors

The US Department of Justice is no longer fighting North Carolina’s law banning gender transition surgeries for minors. A letter submitted Thursday in federal court indicated the Trump DOJ’s reversal of the Biden administration’s decision to take part in a federal lawsuit challenging the ban.

“The United States hereby notifies the Court that it withdraws its Statement of Interest, filed on October 27th, 2023, as it no longer represents the United States’ position,” according to the new letter.

Signed by Assistant US Attorney Lynne Klauer, the letter also lists Acting US Attorney Randall Galyon, Deputy Assistant Attorney General Mac Warner of DOJ’s Civil Rights Division, and the chief and deputy chief of the Federal Coordination and Compliance Section.

Under Biden, DOJ officials had filed a 2023 court document branding the North Carolina law unconstitutional.

The federal lawsuit, Voe v. Mansfield, challenges provisions of House Bill 808. Lawmakers enacted the measure over Gov. Roy Cooper’s veto in August 2023.

“The North Carolina General Assembly recently enacted a statute that prohibits the provision of, and use of state funds to pay for, medically necessary care to young people because of their sex and because they are transgender,” according to the 2023 court filing.

The 27-page document, described as a “statement of interest of the United States of America,” came from US Attorney Sandra Hairston of North Carolina’s Middle District, along with three officials connected to the Federal Coordination and Compliance Section of the US Justice Department’s Civil Rights Division.

“As a result [of HB 808], medical professionals in North Carolina are prohibited from administering medically necessary care for transgender minors diagnosed with gender Dysphoria — even where the minors’ parents or guardians have consented to such care — while leaving non-transgender minors free to receive the same procedures and treatments,” the 2023 court filing continued. “Similarly, medically necessary care for transgender minors diagnosed with gender dysphoria is excluded from coverage under any publicly funded health insurance or health coverage plan.”

The Biden DOJ’s statement of interest was designed “to advise the Court of its view that, by denying transgender minors — and only transgender minors — access to medically necessary and appropriate care and health coverage, H.B. 808 violates the Equal Protection Clause of the Fourteenth Amendment. Accordingly, Plaintiffs are likely to succeed on the merits of their equal protection claim.”

The legislation states “It shall be unlawful for a medical professional to perform a surgical gender transition procedure on a minor or to prescribe, provide, or dispense puberty-blocking drugs or cross-sex hormones to a minor.” The law also created penalties for medical professionals in violation, including revoking medical licenses and opening them up to civil suits from patients. In addition, HB 808 banned any use of state funds for minor sex-change treatments.

In the Senate, the veto override vote went directly along party lines, with no Democrat voting to override and no Republican voting to sustain. In the House, Democrats Rep. Garland Pierce of Scotland County and Michael Wray of Northampton County voted with Republicans to override.

“In some of the most liberal parts of the country, children are allowed to permanently alter their bodies with off-label drugs for the purpose of changing their sex,” said state Sen. Joyce Krawiec, R-Forsyth, in a press release after the override. “While Republicans are protecting minors from such absurd open-door policies, Democrats are siding with the furthest left of their base and putting politics ahead of documented medical risks and consequences. We need to take a cautious approach and limit access to these life-altering medical procedures, and today’s vote to override Gov. Cooper’s veto does just that.”

House Speaker Tim Moore, R-Cleveland, released a press statement on all the overrides, saying, “While Governor Cooper has tried to stand between parents and their kids, today the NC House will continue to affirm parent’s rights, protect female athletes, and advocate for the health and safety of our children.”

The post Trump DOJ drops federal interest in NC law against gender transition surgeries for minors first appeared on Carolina Journal.