The Justice Department said last week that states seeking to block gender-affirming care for trans minors may be violating federal law—and signaled that it is prepared to pursue legal action or support litigation against states seeking such restrictions.
Shannon Minter, legal director of the National Center for Lesbian Rights who has been representing LGBTQ+ rights cases for nearly 30 years, said in an email that the letter, and its underlying message that the DOJ is prepared to take action, “is incredibly encouraging.”
“This is extremely important—one of the strongest actions short of litigation itself that the DOJ can take,” he said. , the landmark 2020 Supreme Court case that found LGBTQ+ people are protected against work discrimination by Title VII of the 1964 Civil Rights Act, to justify its position that banning gender-affirming care opens states to higher legal scrutiny under the 14th Amendment.
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