New York City Mayor Eric Adams has issued an executive order establishing New York City as a safe haven for transgender people seeking gender-affirming health care.
Known as Executive Order 32, the order bars city officials from complying with out-of-state requests to detain individuals who have violated other states’ laws banning gender-affirming care for specific populations, so long as the treatments would be legal in New York State.
The order also prohibits city officials from cooperating with out-of-state investigations into individuals who have received or provided gender-affirming treatments banned elsewhere, so long as the procedure or treatments would be legal in New York.
Gender-affirming care, which encompasses a range of healthcare services designed to treat gender dysphoria, including mental health counseling, puberty blockers, hormones, and surgical interventions, is recognized as valid by most mainstream medical and mental health organizations.
But opponents of gender-affirming care often argue that the procedures or treatments involved are experimental and should not be undertaken without considering the longstanding side effects of such care.
As part of a larger conservative backlash against transgender rights, bans on gender-affirming care have been passed in 20 other states — primarily those in which Republicans control all levers of government.
Some of those laws seek to enlist out-of-state law enforcement authorities by having them arrest and detain doctors or parents who have fled states after assisting transgender youth in accessing gender-affirming treatments so that they may be prosecuted.
In response to those bans, more liberal-leaning states and cities have adopted “shield” laws or executive orders, like the one signed by Adams, that are intended to blunt the impact of the restrictive laws and ensure that people for whom gender-affirming treatments have been deemed “medically necessary” can continue to receive such care.
One of those jurisdictions is Maryland, where Democratic Gov. Wes Moore recently signed a nearly identical executive order establishing Maryland as a sanctuary for trans individuals seeking gender-affirming care.
“As states across the nation continue their onslaught of attacks on our LGBTQ+ neighbors, New York City is doing what we have always done — standing up for justice and against discrimination,” Adams said in a statement.
“This executive order reaffirms the fact that hate has no place in our city and that all people deserve the right to gender-affirming care and protection against prosecution for being who they are. To LGBTQ+ people across the nation feeling hurt, isolated, or threatened, we have a clear message for you: New York City has and will always be a welcoming home for you.”
Lawmakers in New York State’s Democratic-led legislature recently passed a measure to establish the state as a sanctuary for people seeking gender-affirming care who have fled from states with laws blocking such practices.
The bill now heads to Democratic Gov. Kathy Hochul, who is expected to sign it into law.
“Right-wing lawmakers across the country are waging a war against the LGBTQ community, and their number one target is trans kids,” State Sen. Brad Hoylman-Sigal (D-Manhattan), the sponsor of the statewide legislation, said in a statement praising the city’s actions. “New York City reaffirms its role as a beacon for the LGBTQ community.”
U.S. Rep. Nancy Mace (R-S.C.) has introduced a bill to ban transgender women from female-designated restrooms and other sex-segregated facilities in U.S. Capitol facilities.
The resolution would prohibit members, officers, and employees of the U.S. House of Representatives from using single-sex facilities that do not align with their assigned sex at birth.
The bill was introduced following the election of U.S. Rep.-elect Sarah McBride (D-Del.), who will be sworn in as the first out transgender member of Congress on January 3, 2025.
The measure charges the House sergeant-at-arms, William McFarland, with enforcing the ban.
Delaware State Sen. Sarah McBride (D-Wilmington) has made history by becoming the first out transgender person elected to Congress.
McBride, best known for her former role as spokesperson for the Human Rights Campaign, was declared the projected winner by NBC News with 70% of the vote reporting. The Associated Press has not yet called the race, but McBride was leading James Whalen III, a former police officer, by a margin of 58% to 42% for Delaware's sole congressional seat.
A former White House intern during the Obama administration, employee of the Center of American Progress, and board member of Equality Delaware, McBride has been credited as one of several influential activists who successfully lobbied for the passage of Delaware's comprehensive nondiscrimination law protecting the rights of LGBTQ individuals.
The U.S. Supreme Court has granted a petition for divided argument in U.S. v. Skrmetti, the federal challenge to Tennessee's law prohibiting doctors from prescribing treatments for gender dysphoria to transgender youth.
The court previously agreed in June to take up the case, as well as its companion case, L.W. v. Skrmetti, during the 2024-2025 court session.
The outcome of the case will likely determine the fate of similar laws in 23 other states, where Republican lawmakers have sought to criminalize the provision of gender-affirming care, like puberty blockers or hormones, to transgender youth to help them transition and assuage their feelings of gender dysphoria.
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