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Dress Codes and Federal Complaints [1]

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Date: 2023-04-26  

As the legislatures continue to wind down for the year, the court action will ramp up. Remember that this is all part of the strategy—to create a wedge issue that is certain to be litigated and, thus, is guaranteed to stretch through the 2024 campaign season.

Big movement this week in a number of states.

Kansas’ Democratic Governor vetoed four anti-trans bills, and the override effort for the Trans Health Care Ban (SB 26) was defeated by one vote. Gender affirming care continues for minors in the State.

Missouri’s Emergency Rule effectively banning all Trans Health Care in the state (including for adults) was scheduled to take effect tomorrow, April 27. A few days ago, the ACLU and Lambda Legal challenged the Rule in the St. Louis County Circuit Court. The Court stayed the effective date of the Rule to 5:00 pm on Monday, May 1.

Montana has silenced its sole transgender legislator in a similar way to the Tennessee Three, banning her from the Floor for the duration of the session, and misgendering her in the process.

North Dakota passed its trans health care bill (HB 1254), prohibiting the provision of gender-affirming care for minors (puberty blockers, hormones, or surgery). It ostensibly has an exception for minors already receiving such care, but with the threat of a Class B Felony conviction for any provider violating its terms, a little more clarification would be helpful.

Tennessee—huge news, DOJ has intervened as a plaintiff in federal court challenging the state’s new trans health care ban. DOJ is already a plaintiff in an Alabama lawsuit challenging that state’s trans health care ban from last year.

And, in Texas, we’re turning back the clock a few decades. The Texas Department of Agriculture issued a memo to its employees stating that they have to dress “manner consistent with their biological gender”. As with all of this nonsensical legislation, it is sure to be challenged in court.

It’s a lot to track, and I highly recommend subscribing to Law Dork with Chris Geidner in addition to Erin In The Morning. Chris has a more legal-side analysis, and covers other legal topics.

Subscribe to them both. They’re doing fabulous work!

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[1] Url: https://www.dailykos.com/stories/2023/4/26/2166147/-Dress-Codes-and-Federal-Complaints

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