Four families of transgender youth and two doctors have challenged an Arkansas law that would prohibit healthcare professionals from providing or even referring transgender young people for medically necessary health care. The law would also bar any state funds or insurance coverage for gender-affirming health care for transgender people under 18, and it would allow private insurers to refuse to cover gender-affirming care for people of any age. The lawsuit, filed in federal court, alleges that House Bill 1570 is a violation of the U.S. Constitution.

Amelia Marquez is transgender woman and life-long Montanan. John Doe is a transgender man who was born in Montana, but currently lives out of state. Both wish to correct the sex marker on their birth certificates to reflect who they are. However, a law enacted in 2021, Montana Senate Bill 280, sought to prohibit transgender individuals born in Montana from correcting the sex marker listed on their birth certificate without obtaining a court order indicating that their “sex . . . has been changed by surgical procedure.” The ACLU, the ACLU of Montana, and Nixon Peabody LLP have sued, claiming that SB 280 violates the equal protection and due process clauses of the Montana State Constitution.

A family in Texas had a child welfare investigator arrive at their home due to a directive from Governor Greg Abbott stating that health care that is medically necessary for treating gender dysphoria should be considered a form of child abuse. This family — an employee of DFPS, her husband, and their transgender teen — sued Governor Abbott and the Texas Department of Family and Protective Services. Dr. Megan Mooney, a licensed psychologist who works with transgender youth and their families, also joined the lawsuit.

After a years-long effort by the state of Montana to deny transgender people the right to update their identity documents, two transgender women filed a class-action lawsuit against the state and several of its agencies and officials. 26 states and the District of Columbia issue new birth certificate and do not require sex reassignment surgery nor court order in order to change gender marker, while Montana is one of five states that prohibits any changes.