COLUMBIA, S.C. — The American Civil Liberties Union of South Carolina has filed suit against South Carolina Attorney General Alan Wilson, the State Department of Health and Human Services, and MUSC, among others, because of a bill restricting certain healthcare options to transgendered individuals.
The lawsuit comes just three months after South Carolina Governor Henry McMaster signed into law House Bill 4624, which addresses several issues faced by the transgender community including puberty blockers for those under 18 and state funded transgender care for those over 18.
Once the law goes into effect next year, it could have a serious impact on the lives of some patients.
Jessica Spearman lives in Anderson County with her 16-year-old transgender son.
“We have worked many, many years with therapists (and) with our child’s doctor and that will stop their treatment. Which is unfair, because we’ve already gotten so far into the treatment that if we stop now, that will be a detransition and that will bring more harm than it ever could good,” Spearman said.
She said her son will lose access to puberty blockers and testosterone if the new legislation goes into effect as signed.
"And that’s where medical doctors come in. That’s where mental health professionals come in. These are people who are experts in their field. And when we say, ‘Do No Harm,’ legislators, who do not have the training, are dictating what is happening with our children,” Spearman said.
State Representative David Vaughan, R-Greenville, a sponsor of the legislation says those under 18 are not yet ready to make life altering decisions.
"If you allow a child to go through puberty, the statistics are overwhelming, in the high 90’s, that they will not do transgender mutilation of their bodies. But in reverse, if you give them any type of cross-sex hormones before they go through puberty, it’s the exact same percentage that they will continue and do transgender modification of their bodies," Vaughan said.
Representative John McCravy III, R-Greenwood, said the bill is about protecting children.
"Well, the bill was called the 'Help not Harm' bill. The main job of the bill is to protect minors from these harmful trans procedures that are well-known to be harmful to children. And it also bans surgeries for minors that will permanently alter them. So, the theme going forward in the House of Representatives and the Senate from the leadership and from the republican caucus was ‘Protecting Our Children’ last year. And so, it’s always going to be a priority,” McCravy III said.
But Jace Woodrum, Executive Director of the ACLU of South Carolina said this legislation will affect more than just children.
"This law has taken away healthcare for transgender adults who are public employees, who are patients at MUSC or who are on Medicaid. So, several of the plaintiffs in our lawsuit are adults who have lost care. Here’s what this law says: some people get to access healthcare services, and some don’t. Some parents get to make healthcare decisions for their kids, and some don’t. Some doctors get to follow the medical standard of care, and some don’t. Who gets to decide? Politicians,” Woodrum said.
The ACLU’s lawsuit is active in the US District Court but has not been assigned a court date yet.
News19 reached out to several of the defendants in the case, including Attorney General Alan Wilson’s office and MUSC. Both said they don’t comment on pending litigation. Wilson’s office did say they will “Vigorously defend the state’s laws."