SC transgender adults, families sue to stop state ban on gender-affirming care

South Carolina families with transgender children and transgender adults filed a lawsuit in federal court on Thursday over a state law that bans gender-affirming health care options and coverage.

The South Carolina chapter of the American Civil Liberties Union is asking the U.S. District Court for a preliminary and permanent injunction. An ACLU press release published Thursday afternoon said plaintiffs include two parents of minors who will be denied health care once the full ban starts next January, and three transgender adults whose health care was stopped when the law was passed by the GOP-controlled Legislature.

The lead plaintiff in the case is 32-year-old Sterling Misanin, a transgender man whose scheduled surgery at the public Medical University of South Carolina in Charleston was canceled after the law's passage.

"In Charleston, I have a wonderful community who make me feel safe and seen. But the actions by MUSC have caused me significant harm, and I am devastated that my state has interfered in my access to life-saving health care," Misanin said in a release statement. "I am an adult, and I know myself better than my state does, and I cannot stay silent about the very real harms that this law inflicts on transgender people like me.”

The law, H. 4624, prohibits doctors from providing transgender minors under 18 gender-affirming care options, such as puberty blockers and hormone therapy. For minors and adults, the law restricts state Medicaid coverage for transgender health care, and prohibits the spending of public money on similar services.

The ACLU state chapter and New York-based law firm Selendy Gay argue the law violates the Equal Protection Clause of the 14th Amendment because it "discriminates against transgender individuals on the basis of sex and transgender statues."

"Equal protection is an issue here because the same services that are now being denied to transgender people are provided to other kids and other adults every day," said Jace Woodrum, executive director of the ACLU's South Carolina chapter. "We use puberty blockers and hormones every day to treat people who are not transgender."

They're also challenging the law because "we believe it violates the due process rights of parents, who want to be able to make health care decisions for their children," Woodrum said.

Woodrum, who is also transgender, said the state ban is one of the most restrictive in the country.

"In that it harms both youth and adults, which is why it was absolutely critical that we challenged this law, even though there are challenges all across the country," he said.

Defendants in the lawsuit include Attorney General Alan Wilson, MUSC and its board.

"We don’t comment on pending litigation, but we can say we will vigorously defend the state’s law," said Robert Kittle, spokesman for the Attorney General's Office.

Gov. Henry McMaster, who signed the law, said he backs efforts to fight the suit.

At least 25 states have banned minors from getting transgender health care. Another 14 states have passed laws protecting treatments.

The 4th Circuit Court of Appeals, which includes South Carolina, in April ruled that state health insurance plans in North Carolina and West Virginia must cover gender-affirming care.

And this fall, the U.S. Supreme Court will hear oral arguments in a case from Tennessee, where the Republican-controlled Legislature passed a law banning puberty blockers and hormone therapy for transgender minors.

An estimated 3,700 trans youth, ages 13 to 17, live in South Carolina, Woodrum said.

Before the ban, he said more than 200 were getting gender-affirming care. When factoring in trans adults receiving care, Woodrum said, "we're talking about a little over 800 people being targeted by the law."

"So our legislators spent months arguing about a law that targets 800 people and rips their health care away," Woodrum said.

The Associated Press contributed to this report.