Trans News Friday: Oregon Sues Over Trans Youth Care
Oregon went to court this week to protect trans kids' health care, HHS put out a "study" trying to link trans acceptance to violence, and a federal judge told the Justice Department that California can keep trans kids on school sports teams. Here's what happened, and what it means for you.
Oregon Sues to Keep Medicaid Covering Trans Youth Care
The John Joseph Moakley U.S. Courthouse in Boston, home of the federal court where the states filed suit. Photo: Danielle Walquist via Wikimedia Commons, CC BY 2.0
On September 2, Oregon Attorney General Dan Rayfield joined a coalition of 21 states plus D.C. suing the U.S. Department of Health and Human Services in federal court in Massachusetts. The target is a new Centers for Medicare & Medicaid Services rule that cuts off federal Medicaid money for puberty blockers, hormones, and surgery for trans patients under 18, and CHIP money for anyone under 19. It takes effect October 13.
The states' argument is simple: since Medicaid began in the 1960s, states, not federal agencies, have decided what's medically necessary within the limits Congress set. HHS got more than 30,000 public comments on the rule, and over 90% opposed it. It finalized the rule anyway. This is Rayfield's third lawsuit over federal attacks on gender-affirming care, and courts sided with the states in the first two, in March and August.
For Oregon families on the Oregon Health Plan, the rule doesn't ban care. It only stops the federal share of the bill. Oregon law still protects gender-affirming care, which means the state could choose to pay for it with its own money. That's the question to keep asking.
Read Oregon DOJ’s announcement →
HHS Pushes a ‘Study’ Linking Trans Acceptance to Violence. It Doesn’t Hold Up.
HHS headquarters in Washington, D.C. Photo: Carol M. Highsmith via Wikimedia Commons, public domain
The U.S. Department of Health and Human Services released a report it commissioned asking whether "gender ideology" fuels left-wing authoritarianism. Researchers from Rutgers, the right-wing Manhattan Institute, and the Network Contagion Research Institute wrote it, and it was not peer reviewed.
The Advocate dug in. Only 13 of the survey's 1,208 respondents were trans or gender nonconforming. The authors admit it can't show cause and effect. And its "affirmation" questions were about things like using someone's name and pronouns and family support, which is to say, basic respect.
This isn't science. It's a talking point dressed up as research, and it's the kind of thing that ends up quoted in court filings and campaign ads. When you see it cited, you'll know where it came from.
Read the full story at The Advocate →
Judge Tosses DOJ’s Lawsuit Against Trans-Inclusive School Sports in California
The California State Capitol in Sacramento. Photo: Tony Webster via Wikimedia Commons, CC BY-SA 2.0
On August 31, U.S. District Judge Cynthia Valenzuela dismissed, with prejudice, the Justice Department's Title IX lawsuit against the California Department of Education and the state's high school sports federation. The administration had threatened roughly $44 billion in education funding to force California to bar trans girls from girls' teams.
Her reasoning matters beyond California: the Supreme Court's June decision lets states exclude trans girls from sports, but it doesn't require them to. DOJ says it's weighing an appeal. Bay Area families who'd been fighting the case celebrated.
States that choose inclusion can still choose it. Remember that every time someone tells you the fight is over.
Read the full story at The Oaklandside →
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More This Week
The Justice Department filed a 300-page petition on August 28 asking the Supreme Court to let the Pentagon discharge trans service members before their case goes to trial (Stars and Stripes). Right across the river, Washington's voter pamphlet entry for Initiative IL26-638, which would bar trans girls from girls' school sports, cites the American Academy of Pediatrics even though the AAP asked to be taken out of it (The Columbian). In South Carolina, a trans high schooler dropped his lawsuit against the state's school bathroom law after his family moved out of state to get away from the bullying (SC Daily Gazette). And Texas A&M regents cut more than 200 courses, including LGBTQ literature and gender studies, from core requirements (Texas Tribune).
If you're thinking about leaving the country, the Washington Blade talked with four trans and nonbinary Americans who moved to the Netherlands, most on the Dutch American Friendship Treaty self-employment visa, which requires 4,500 euros in a Dutch business account and Chamber of Commerce registration. It's a real path, but it takes planning and money, so talk to an immigration attorney first. And for some joy: Doll Invasion, the trans-led celebration on Fire Island, raised money for Queer|Art and Advocates for Trans Equality, with Kim Petras making her Fire Island debut.
What This Means for Portland
If your family uses the Oregon Health Plan for gender-affirming care, nothing changes today, and Oregon is in court fighting the October 13 cutoff. Ask your coordinated care organization (CCO) what its plan is, and if you can't get a straight answer, call OHP Client Services at 1-800-273-0557. Then tell Gov. Tina Kotek and your state legislators you want Oregon to cover this care with state funds if the federal money stops.
Just across the Columbia, Clark County voters will decide on Washington's I-638 this fall. If you've got people in Vancouver, make sure they know what's on their ballot and who's behind it.
What This Means for Our Work
A family in South Carolina just moved states so their kid could go to school in peace. That's the kind of move TRFAN, our emergency relocation program, exists for. When people land in Portland, Safe Haven Home Share helps them find housing with people who've got their back, and our Peer Support Services team helps families make sense of OHP and find care, alongside partners like Dian’s Well, Folktime, and The Peer Company. And Trans Town PDX keeps reminding all of us that we're not doing this alone.
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