WASHINGTON, D.C., USA — The day after Gov. Doug Ducey signed legislation targeting transgender youth, the U.S. Department of Justice is warning states to be careful about passing laws that potentially discriminate against the LGBTQ community.
In a letter penned Thursday to the nation's state attorney generals, the DOJ warned any state laws or policies that prevent individuals from receiving gender-affirming medical care may infringe on federal constitutional protections.
One of the bills Ducey signed Wednesday specifically prohibits transgender juveniles from seeking gender-affirming surgery before the age of 18.
Assistant Attorney General Kristen Clarke informed the states that any laws obstructing citizens from following the advice of healthcare professionals could violate protections guaranteed under the Fourteenth Amendment.
"Intentionally erecting discriminatory barriers to prevent individuals from receiving gender-affirming care implicates a number of federal legal guarantees," Clarke wrote in her letter.
The constitution's due process clause allows parents the right to seek and follow medical advice that protects their child's health, Clarke argued.
"A state or local government must meet the heavy burden of justifying interference with that right since it is well established within the medical community that gender-affirming care for transgender youth is not only appropriate but often necessary for their physical and mental health," Clarke wrote.
After signing the trans bill into law Wednesday, Ducey said the legislation was necessary to protect juveniles from undergoing irreversible surgical procedures.
Several other states have been attempting to pass laws targeting transgender youth, often to ban them from playing on athletic teams that align with their gender identity.
Ducey signed such a bill this week, claiming the law was needed to maintain "fairness" in juvenile sports.
The DOJ said the agency's always available to help ensure state and local governments, many of which are recipients of federal financial assistance, meet their obligations under federal law.
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