(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .
Bans and Lawsuits [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.', 'Backgroundurl Avatar_Large', 'Nickname', 'Joined', 'Created_At', 'Story Count', 'N_Stories', 'Comment Count', 'N_Comments', 'Popular Tags']
Date: 2023-05-03
The branches are fighting.
So, this week…
Florida’s bathroom ban (HB1521) passed in the Senate this afternoon (and will be sent to the Governor shortly), but there is also a (relatively) good news update, as well.
The bill originally would have broadly applied to any public restroom in the state and relied on individuals to confront people who they thought were in the ‘wrong’ bathroom; with this amended bill, the ban only applies to bathrooms in public buildings, and only authorizes government employees to make the ‘confrontation’. Still very problematic, but not quite as bad as the original. A detailed description of an earlier version of the bill is here.
Indiana’s lawyers told a federal court that it was too much work to respond to the pleadings in a federal court challenge to the state’s new THCB for minors and that the court should just let the law go into effect July 1 while they’re trying to find some energy to respond.
Missouri’s Emergency Rule effectively banning all Trans Health Care in the state (including for adults) was scheduled to take effect April 27. The ACLU and Lambda Legal challenged the Rule in the St. Louis County Circuit Court. The Court has now stayed the effective date of the Rule to Monday, May 15.
Montana passed its THCB (SB99) and Drag Ban (HB359). They’re doozies.
The THCB not only prohibits health care professionals from providing any gender affirming care to minors (punishable by a minimum one year licensing suspension), it also prohibits state property, facilities, or buildings to be used to promote or advocate the use of “social transitioning”, which means “changing a minor’s preferred pronouns or dress and the recommendation to wear clothing or devices, such as a binder, for the purpose of concealing a minor’s secondary sex characteristics.”
Like many other states with these THCBs it also creates a cause of action for liability when a health care provider furnishes gender affirming care to minors, even when the care was absolutely perfect. It also prohibits liability coverage for any gender affirming care to minors. This is what we’re running into in other states—the concern that insurance companies will declining to provide liability coverage for any gender affirming care, even when the patients are adults, leaving practitioners hanging. In addition, practitioners are having to factor in the cost/expense of defending themselves against baseless accusations that may come as a result of these bills in deciding whether they can continue to provide gender-affirming care to adults.
It looks like the ban will take effect October 1, 2023 (?). There is no consideration given for minors already receiving gender-affirming care as of that date.
Montana’s drag ban was also signed by the Governor but there are a number of different versions still floating around on the Montana legislature website and it’s unclear which version actually passed. Updates to follow.
Oklahoma passed its THCB (SB613) prohibiting gender affirming care for minors, making it a Class B Felony for any health care provider to furnish such care. There is the same “no need to prove wrongdoing” cause of action created, and the Attorney General is empowered to enforce it.
The ban takes effect immediately, and there are no exceptions provided for minors already receiving gender-affirming care.
[END]
---
[1] Url:
https://www.dailykos.com/stories/2023/5/3/2167401/-Bans-and-Lawsuits
Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.
via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/
