Department of Justice says anti-trans state laws targeting children should be thrown out
- The DOJ issued two statements of interest in lawsuits involving the rights of transgender children.
- The department argued that recent Arkansas laws restricting trans medical care for children violate the 14th Amendment.
- It also said West Virginia's law preventing trans women from playing on women's sports teams in schools violates Title IX.
The US Department of Justice (DOJ) came down against state laws restricting the rights of transgender kids, weighing in for the first time in lawsuits seeking to remove the laws.
In April, West Virginia adopted a new law prohibiting trans women from participating in interscholastic, intercollegiate, intramural, or club sports teams sponsored by public schools and universities.
The DOJ argued in its statement of interest that the law violates Title IX and the Equal Protection Clause of the 14th Amendment which it says does "not permit West Virginia to categorically exclude transgender girls from participating in single-sex sports restricted to girls."
Arkansas passed similar legislation as West Virginia back in April as well, but also passed a law that prevents trans children from accessing gender-affirming medical care and penalizes doctors treating trans children.
Here, the DOJ argued the law violates the Equal Protection Clause. The department said it supports a preliminary injunction to block the law from taking effect until the lawsuit ends.
A statement of interest from the DOJ is akin to an amicus filing in law where someone takes a position in a case to show support. Historically, the DOJ has used statements of interest in cases involving civil rights and liberties.
Arkansas is the only state to pass a law restricting trans children's healthcare but isn't the first state to attempt it: both Texas and Florida state legislatures tried and failed to enact the restrictions.
While a DOJ statement of interest can show the federal government's opinion on a case, they don't necessarily mean the courts will address either case any sooner. The laws in both Arkansas and West Virginia will remain intact without a preliminary injunction from a judge.