State asks for medical records of transgender youth in court case

[NullTuples]

Last edited Mon Jan 9, 2023, 02:12 PM - Edit history (1)

Source: Alabama Political Reporter

A motion filed by the state Thursday asks the parents to produce the following records:

* All medical records in your possession of any child of yours which relates to treatment for gender dysphoria or a related condition.
* All documents in your possession of any mental health treatment provided to a child of yours who has been treated for gender dysphoria or a related condition.
* All documents between you and any medical provider or mental health professional who has treated a child of yours for gender dysphoria or a related condition.
* All calendars, notes, or other documents, reflecting the dates of any treatment of a child of yours for Gender Dysphoria or a Related Condition.
* All forms, disclosures, or other Documents provided to you by any Health Care Provider or mental health provider who has treated a child of yours for Gender Dysphoria or a Related Condition.

The plaintiffs responded that those records are confidential, and could lead to criminal charges under the new law.

The crux of the law makes it a felony for doctors to prescribe, or anyone, to provide puberty blockers and cross-sex hormones to children. The law also bans gender affirming surgeries on children, which have never been performed in the state.

Read more: https://www.alreporter.com/2023/01/09/state-asks-for-medical-records-of-transgender-youth-in-court-case/

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Alabama's new state law (SB 184) criminalizes the provision of medical care for minors experiencing gender dysphoria. The law is currently enjoined in district court, which the state has appealed at the 11th Circuit Court of Appeals.

SIX of the current eleven judges on the 11th Court were appointed by Donald Trump. One each are from Bush Jr and Clinton, Pres Obama appointed three, and for the remaining seat President Biden has nominated Nancy Gbana Abudu, but there has yet to be a confirmation hearing. So currently it's another Federalist Society packed court.

Case background:

"The suit, Boe v. Marshall, is brought by five parents on the grounds that it strips them of the right to make important decisions about their children’s healthcare. In its order blocking the law from taking effect, the district court agreed that plaintiffs are likely to prevail in their claim that SB 184 unconstitutionally discriminates against transgender minors and violates the fundamental right of parents, rather than the state, to make healthcare decisions for their children."
https://www.glad.org/post/parents-in-court-challenging-alabamas-criminal-ban-on-healthcare-for-trans-youth

The US justice dept has weighed in:
"S.B. 184 makes it a felony for any person to “engage in or cause” specified types of medical care for transgender minors. S.B. 184 thus discriminates against transgender youth by denying them access to certain forms of medically necessary care. It further discriminates against transgender youth by barring them from accessing particular procedures while allowing non-transgender minors to access the same or similar procedures. The penalties for violating the law include up to 10 years of imprisonment and a fine of up to $15,000. S.B. 184 would force parents of transgender minors, medical professionals, and others to choose between forgoing medically necessary procedures and treatments, or facing criminal prosecution. The United States’ complaint alleges that S.B. 184 violates the Equal Protection Clause by discriminating on the basis of sex and transgender status."
https://www.justice.gov/opa/pr/justice-department-challenges-alabama-law-criminalizes-medically-necessary-care-transgender

[cate94]

1. S.B. 184

Is an invasion of privacy. It’s purpose is to hurt people.

[chowder66]

2. This is disgusting and infuriating.

[olegramps]

3. Yes, but it is mild as to when the Republicans take over the House

[mopinko]

4. seems like a good time to issue an eo.

this shit wont fly, i dont think, even w this court.
but in the meantime, seems like a well aimed eo could just put this shit right on ice.
better get used to using them, joe.

[AllaN01Bear]

8. what is a e.o.

[Shipwack]

12. "Executive Order", I think... nt

[mopinko]

17. yes. executive order.

[Matthew28]

5. What a crock

So much for that limited government lie that they spout day in and day out. Why won't they leave people the hell alone?

[Faux pas]

6. They

just can't live and let live.

[TreasonousBastard]

7. There are occasions where the state has a compelling interest...

in medical matters, but this is usualy seen in things like Unit 731or Mengele--horrors that are on the far side of humanity.

Proper understanding and treatment (if treatment is advised) is far beyond the understanding of old-fashioned lawyers and preachers in state legisltures. The situations existed in ancient Greece and were still being written about in Rome, with our understanding only slightly better now.

We really should spend our energy learning, rather than pronouncing.

[Richard D]

13. Oh good God . . .

I never heard of Unit 731. Horror. Pure Horror.

[NullTuples]

19. Part of why we don't talk about it here in the USA...

"many Unit 731 researchers never stood trial for war crimes. Instead, the United States, eager to beat the Soviet Union in the global arms race, granted them immunity on the condition that they give the U.S. the information they gathered when conducting their experiments. Two declassified government documents reveal that the U.S. eventually paid over $2.3 million (in today’s dollars) for that data."

https://allthatsinteresting.com/worst-war-crimes-in-history

[AllaN01Bear]

9. how does this equate w roe v wade shoot down? id love to see a law suit .

[The Unmitigated Gall]

10. Pukes. Keeping the government out of your business.

[Marthe48]

11. This is WRONG

No one but the doctor and patient should be allowed access to the records of individuals.

I think people who support LGBTQ should flood the court with envelopes full of newspaper clippings, junk mail (address removed, if desired) and any worthless paper so that the court is overwhelmed with opening envelopes that may or may not contain confidential records. And then the parents can tell the court they sent originals that must be lost and can't be replaced.

These evil people will go straight to hell.

[Initech]

14. This is some straight up Nazi shit.

[housecat]

16. The source for plenty of magat views

[yankee87]

24. Thinking the same thing

I feel so bad for the horrors these families are going through.

[housecat]

15. But for Ransom and Sickama, we'd be confident of Senate votes

[muriel_volestrangler]

18. Slightly confusingly, Alabama Reporter capitalizes the plaintiffs as "BOE", though they really are

pseudonyms (Boe, Zoe, Poe and Noe), rather than an abbreviation for eg "Board of Education". And that's the point - the plaintiffs are parents and children who want anonymity because the state of Alabama is trying to criminalize the parent-child relations. Revealing all their medical records destroys all that.

[intheflow]

20. I'm confused why this ask isn't immediately slapped down as a HIPAA violation.

The state wants your medical records so they can discriminate against, and prosecute, trans youth, their parents and their doctors. How is this not a HIPAA violation?!?!

[NullTuples]

22. That's the danger; they're asking the court to order the records be disclosed.

HIPAA has explicit provisions which allow for this. But it will put the families, doctors & hospitals at risk as well as likely allow very personal information to become public. The point is to threaten, invalidate and humiliate trans kids, their families, and their medical providers.

[Warpy]

21. Why are right wing Christians so obsessed with other people's genitals?

Wouldn't it be far better if they paid more attention to what they're doing with their own? From what I've seen, they require a lot of attention and comparison to what they try to preach at the rest of us.

Those freaks think parents who are getting medical care for their trans kids to delay sex development at puberty are bad parents. What???? Wouldn't that be truer for parents who just let their kids suffer and commit suicide to end the pain? They're acting like being trans is a brand new, terrifying plot from the left. It's not. Christine Jorgensen had the courage to go public with her 1952 surgery in 1953 or 1954, so really, people, you've had 70 years to get used to the idea.

I knew my first trans woman in 1966. I didn't out her. Even as a teenager, I knew better. I admired her guts.

The only difference now is that we know how early kids feel they want to change and we can keep trans girls from dropping their voices a couple of octaves and growing hair on their faces and trans boys doing just that. It avoids a lot of potential pain, but not all of it. It is also reversible, something that does happen in some cases. "Reversible" is what needs to be dinned into the cement heads of these screeching hysterics.

Here's a funny/sad account by Dame Adele Anderson, co written by Dillie Keane and performed by Fascinating Aida:

[2live is 2fly]

23. I remember reading about brain scans in research about homosexuality. I believe it answered the

question conclusively (IMO anyway). Are people born gay (lgbtq), or is it a choice? When comparisons' were made, normally a person could not tell the difference between the brain scan of a heterosexual (straight) female and a homosexual (lgbtq) male. With simular results when comparing a heterosexual male and an lgbtq female. Final analysis, People Are Born LGBTQ