Attorney General Bonta Leads Multistate Amicus Brief in Support of Healthcare Rights for Transgender Americans

OAKLAND — California Attorney General Rob Bonta today led 20 attorneys general in filing an amicus brief in Dekker v. Weida in support of transgender rights and equal access to healthcare. The amicus brief filed before the Eleventh Circuit Court of Appeals is in support of transgender individuals challenging Florida law and administrative rule that severely limits access to gender-affirming care. The challenged law and policy in this case, Florida Statute § 286.31(2) and Florida Administrative Code rule 59G-1.050(7), categorically banned Medicaid payment for the treatment of gender dysphoria, which was previously available to transgender individuals. Attorney General Bonta initially filed an amicus brief on May 1, 2023, stressing California’s efforts to protect transgender healthcare rights and outlining the economic, emotional, and health consequences caused by discrimination against transgender individuals.

“No one should ever be denied access to lifesaving medical care for simply being who they are,” said Attorney General Bonta. "The Florida Rule has sought to target and discriminate against a vulnerable population for seeking healthcare benefits that they are eligible for under federal law. Today’s amicus brief underscores our unwavering support as we continue to ensure transgender rights to healthcare remain protected and universally available across the nation.”

Enacted in August 2022, the Florida Rule categorically excludes Medicaid healthcare services such as puberty blockers and hormone therapy to individuals who are medically diagnosed with gender dysphoria. Despite this, coverage for these services is still available when they are deemed medically necessary for the treatment of conditions other than gender dysphoria. Plaintiffs filed a lawsuit in September 2022, arguing that the state’s refusal to provide patients with coverage for these services violated equal protection and non-discrimination provisions. On June 21, 2023, the district court ruled in favor of plaintiffs, holding that the rule was subject to heightened scrutiny and violated the Equal Protection Clause. Nevertheless, Florida officials appealed the court’s decision.

In their amicus brief, the coalition argues that the rule and statute:

• Significantly harm the health and lives of transgender people by denying them medically necessary care that protects their physical, emotional, and psychological health.
• Fail to recognize how inclusive laws and policies — such as those in California — produce positive healthcare outcomes among transgender people and do not require significant expenditures.

Attorney General Bonta is committed to defending the rights and safety of LGBTQ+ youth: 

• In November, Attorney General Bonta led 21 attorneys general in an amicus brief opposing a state law in Oklahoma, severely blocking the ability of transgender youth to access critical, lifesaving gender-affirming care.
• In October, Attorney General Bonta secured a ruling from the San Bernardino Superior Court enjoining Chino Valley Unified School District Board of Education’s mandatory gender identity disclosure policy. The court held that such disclosure policies are likely to violate transgender and gender nonconforming students’ right to equal protection under the California Constitution and can result in irreparable harm to those students. Attorney General Bonta had previously secured a temporary restraining order (TRO) against the policy. The Superior Court’s ruling came in a lawsuit filed by the Attorney General challenging the enforcement of CVUSD’s forced outing policy. Prior to filing the lawsuit, Attorney General Bonta opened a civil rights investigation into the legality of the CVUSD’s adoption of the policy. Prior to opening the investigation, Attorney General Bonta in July sent a letter to Superintendent Norman Enfield and the Board of Education cautioning them of the dangers of adopting the forced outing policy and explaining that the policy potentially infringed on students' privacy rights and educational opportunities.
• Attorney General Bonta has issued statements following Dry Creek Joint Elementary School District, Rocklin Unified School District, Anderson Union High School District, and Temecula Valley and Murrieta Valley Unified School District Boards’ decision to implement copy-cat mandatory gender identity disclosure policies targeting transgender and gender-nonconforming students. 
• In October, Attorney General Bonta joined a coalition in support of a Maryland board of education’s policy that permits schools to incorporate LGBTQ+-inclusive books into language arts curriculum to reflect the diversity of the school community.
• In October, Attorney General Bonta joined a multistate amicus brief in the Seventh Circuit Court of Appeals in support of the rights of transgender students in Doe v. Mukwonago Area School District, challenging a Wisconsin school board’s policy barring an 11-year-old transgender student from using the girls’ restroom based on her sex assigned at birth.
• In October, Attorney General Bonta joined a multistate amicus brief in the Ninth Circuit Court of Appeals in support of plaintiffs in Doe v. Horne, challenging Arizona’s recently-enacted legislation prohibiting transgender students from participating on women’s and girls’ school athletic teams.
• In September, Attorney General Bonta led a multistate coalition of 20 attorneys general in opposing a state law in Indiana that severely blocks the ability of transgender youth to access critical, lifesaving gender-affirming care.
• In August, Attorney General Bonta led a multistate coalition in filing an amicus brief opposing state laws in Kentucky and Tennessee restricting transgender youths' access to critical and lifesaving healthcare.
• In June, Attorney General Bonta joined a coalition in support of the Ludlow School Committee’s efforts to create a safe and supportive environment for transgender children and all students.
• In May, Attorney General Bonta led a multistate coalition in supporting a challenge to a Florida rule restricting access to gender-affirming care and joined another multistate coalition defending a Colorado law that prohibits gay and transgender conversion therapy on children and youth.
• In January, Attorney General Bonta joined a coalition in support of a Maryland board of education’s efforts to create a safe and supportive environment for transgender children and all students.

In filing today’s amicus brief, Attorney General Bonta was joined by the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia. 

A copy of the amicus brief can be found here.