Louisiana lawmakers have voted to override a veto of a bill prohibiting minors from accessing gender-affirming care. This makes Louisiana the 20th state with a law on the books officially banning transition-related treatments.
Democratic Gov. John Bel Edwards vetoed the measure last month because he believed it would ultimately be declared unconstitutional for singling out transgender youth for disparate treatment and for infringing on parental rights.
The measure received the support of more than two-thirds of lawmakers in the Senate, where Republicans hold a substantial edge, with all Republicans and one Democrat voting to override Edwards’s veto.
The proposed ban passed in the House thanks to the support of seven Democrats who voted with Republicans to override the veto.
The ban will officially take effect on Jan. 1, 2024. However, the law gives doctors a grace period for minor patients who have already started puberty blockers or hormone therapy before Jan. 1 — but only if it is determined that stopping the treatment could harm the patient. That grace period expires on Dec. 31, 2024.
Edwards stood by his decision, predicting that the courts would ultimately find the bill unconstitutional after lawsuits are inevitably filed to block the law from taking effect, reports Baton Rouge-based NBC affiliate WVLA.
“In eight years as a Democratic governor with a Republican legislature, I have issued 319 vetoes. More than 99% of those vetoes have been sustained. Usually, we have been able to find common ground to move Louisiana forward, and I am thankful to the legislature for all the good we have accomplished together. But we have also had profound disagreements,” Edwards said in a statement on Tuesday following the override.
“Just two of my vetoes have been overridden. The first time I was overridden, on the Congressional district map, I said the bill was illegal and I expected the courts would throw it out. The courts have done so. Today, I was overridden for the second time, on my veto of a bill that needlessly harms a very small population of vulnerable children, their families, and their healthcare professionals. I expect the courts to throw out this unconstitutional bill, as well.”
The American Civil Liberties Union of Louisiana criticized the override.
“Lawmakers who voted to overturn Governor Edwards’ veto of House Bill 648 have chosen to sacrifice the health and safety of Louisiana’s transgender children and undermine the rights of their parents,” the organization said in a statement.
Petrice Sams-Abiodun, the vice president of strategic partnerships at Planned Parenthood Gulf Coast, called the ban on gender-affirming care “cruel, dangerous, and likely unconstitutional.”
Two major Republican contenders for governor — State Sen. Sharon Hewitt (R-Slidell) and Attorney General Jeff Landry — praised the override.
“We don’t allow kids to vote, gamble, get a tattoo, buy alcohol or tobacco until they are of age,” said Hewitt. “Why would we allow them to consent to irreversible medical interventions that cause sterilization and have serious physical and mental side effects?”
“We have sent a signal to America that Louisiana intends to strengthen the family unit and to protect children from harmful gender reassignment surgeries,” said Landry in a statement.
Republicans attempted to override two other vetoes of anti-LGBTQ bills.
The first bill would have allowed teachers to refuse to use a student’s chosen name or pronouns based on their personal beliefs, and would have required teachers to out trans-identifying students to their parents. That bill failed to reach the two-thirds threshold needed for an override, falling short on a 67-29 vote.
The second bill, which critics have dubbed the “Don’t Say Gay” bill, would prohibit teachers from discussing LGBTQ issues or people as part of classroom instruction or during any extracurricular academic, athletic, or social activities.
Opponents of the measure, including Edwards, expressed concerns that teachers might be accused of violating the law simply by mentioning, in passing, a same-sex spouse — a worry that detractors in other states such as Iowa and Florida have echoed. The motion to override failed by a vote of 68-28.
Texas Attorney General Ken Paxton has secured a settlement requiring Texas Children's Hospital to establish what he called the nation's first-ever "detransition clinic" for patients who previously received gender-affirming care.
Under the settlement, negotiated with Paxton's office and the U.S. Department of Justice, Texas Children's must provide free medical care to patients who underwent gender transition procedures, according to a press release.
The clinic is intended to help patients stop hormone treatments or seek medical care related to detransitioning. Under the settlement, Texas Children's will fund all services provided through the clinic for its first five years.
A federal judge in Oregon issued a blistering ruling against the U.S. Department of Health and Human Services and Secretary Robert F. Kennedy Jr., blocking their efforts to yank federal funding from providers of gender-affirming care for minors.
At the center of the case is the so-called "Kennedy Declaration," in which the HHS secretary claimed that gender-affirming care does not meet accepted medical guidelines, lacks evidence of benefit for treating gender dysphoria, and may cause long-term harm.
At the time, critics said Kennedy based the declaration on an HHS review of gender-affirming care that was anonymously produced and rushed through in 90 days without peer review, in order to comply with President Trump's executive order limiting minors’ access to such treatments.
FCC Chair Brendan Carr is seeking public comment on proposed changes to the parental ratings system that would flag content related to gender identity.
Federal Communications Commission Chair Brendan Carr is seeking public input on whether television programs that address transgender issues or feature trans or nonbinary characters should carry warning labels.
The FCC oversees broadcast and cable TV companies and helps shape the ratings system that guides parents on whether shows are appropriate for children.
In 1996, Congress gave TV companies the option to create their own voluntary ratings system or adopt one imposed by the FCC. The companies chose to create their own system, forming the TV Oversight Management Board, which developed the TV Parental Guidelines still used today for cable, satellite, and streaming services.
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