United States

Explained: Rising number of states targeting gender-affirming care in United States

As the 2024 US election nears, a growing number of states are enacting and defending legislation restricting access to gender-affirming care for transgender youth, sparking legal battles and LGBTQ+ rights concerns

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In the United States an influx of legislative proposals aimed at addressing transgender issues has been introduced over the last few years. In certain instances these proposals have been  even approved, within state legislatures. 
In various jurisdictions throughout the United States, there have been divergent outcomes in legal rulings concerning the fate of state regulations that limit access to gender-affirming medical treatments for transgender adolescents. These legal conflicts have intensified in response to the recent surge in ban..

Recently, the US Circuit Court of Appeals issued a decision permitting Alabama to implement its prohibition on gender-affirming care for transgender youth. This ruling overturned a previous judgment from a lower court that had opposed the 2022 law.

Over 22 states have implemented legislation either prohibiting or placing limitations on gender-affirming healthcare for minors, and the majority of these bans are currently facing legal challenges.

North Carolina, the latest state to enact such a ban, witnessed Republican lawmakers overturning the veto issued by Democratic Governor Roy Cooper. This move resulted in the implementation of a law that restricts medical professionals from administering hormone therapy, puberty-blocking medications, and surgical gender-transition procedures to individuals under the age of 18, with only a few specific exceptions.

According to the Human Rights Campaign, this represents a broader pattern. In 2023, Republicans have introduced over 500 bills that impact the LGBTQ community, with a minimum of 48 of them successfully passing. These figures mark an increase from the 315 bills introduced and 29 that passed in 2022.

The American College of Physicians (ACP) has strongly criticized discriminatory policies targeting LGBTQ+ community. It has voiced its concerns, especially regarding the intrusion into the doctor-patient relationship and the punitive measures against evidence-based healthcare. ACP has stated that it firmly believes that healthcare professionals, including physicians, should not be apprehensive about facing legal consequences for delivering standard medical care.