Missouri's restriction on clinics serving trans youth bears a striking resemblance to liability laws targeting abortion.
in 1992. Legislatures contended with repeated findings on the constitutionality of abortion and concocted new ways to target it. Act 825 represented a major breakthrough.
To challenge a law traditionally, one must target an entity that might enforce it against them, often a state’s district attorney or attorney general. However, Louisiana’s Act 825 posed a unique conundrum. Doctors wishing to administer abortions found themselves devoid of a clear entity to litigate against in seeking to negate the law.
For trans care, though, it is even more perilous. There is no overarching Roe v. Wade law with settled precedent. Instead, that precedent is still developing as courts seek to interpret if transgender people can be legally discriminated against, or if they are offered protections under the 14th Amendment.
Given the parallels between anti-abortion and anti-trans legislations, it’s foreseeable that similar tactics may target both types of care in upcoming months. The narrative surrounding abortion and trans care—focused on the alleged “harm” they inflict—lays the groundwork for endorsing such legislations. Furthermore, the liability clauses act as a deterrent to legal challenges, effectively weaponizing undue risk against the providers.
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