ACLU Files Lawsuit to Defend Trans South Carolinians
ACLU Files Lawsuit to Defend Trans South Carolinians
The ACLU of South Carolina, along with its parent organization, filed a class action lawsuit on August 29th that seeks to reverse the law signed by Governor McMaster in May of this year banning healthcare for transgender people in our state. I initially wrote about the H4624 bill as my introduction to The Arena, their first Sunday opinion piece, in May, the week it passed the state senate, and its signing into law felt imminent.
Fighting this bill was how I spent most of my day job this year during the legislative session. Upon seeing this lawsuit filed, I know I am not alone in feeling an overwhelming mix of emotions. This is personal for many and a new turn in a neverending saga that drastically impacts lives.
I interviewed ACLU-SC Executive Director Jace Woodrum to allow for a better understanding of what this lawsuit seeks to do. As a transgender man himself, this topic is deeply emotional for him, and I hope you’ll take the time to hear from him directly about the harms of the bill. It is no exaggeration when he says that our ban is the most restrictive in the nation.
What is hard for those of us who fought this at the statehouse, and many who supported us from home, is that the outcome of this law passing was entirely predictable. We told lawmakers exactly what harms would occur - precisely which institutions would adjust providing care in an overly conservative manner. We told them about the overreach into adult healthcare. They either didn’t believe us, or they didn’t care. They knew this lawsuit was imminent, which didn’t dissuade them from passing it. They didn’t do any work to make it less harmful.
I don’t say this to discourage anyone from getting involved in statehouse advocacy; to the contrary. This bill was brought up in the subcommittee on the first day of the legislative session in January, and it did not pass until the final week in May. In a state like South Carolina, many assumed this to be a done deal early this year; others may have been shocked that a bill like this didn’t pass until 2024. Here’s what I know to be true: when we show up, when we continue to fight with everything we have, when we can delay harmful bills from becoming law, those are significant things. We build partnerships with organizations that can support families needing care, such as Campaign for Southern Equality’s TYEP fund, or groups that can take on legal challenges, such as the ACLU of South Carolina. There are ingredients to a winning recipe for a reason. While it can be hard to see the forest through the trees, and harm is absolutely occurring because of the passage of this law, I am grateful for the work of individuals and collective groups.
The legal process is likely to be long, and nothing is a foregone conclusion. But as Jace explained in our interview, there is a strong legal precedent to support the overturning of this hellacious law. And we’ll continue to show up each step of the way in support of those who need it. I cannot express my gratitude enough to those plaintiffs who found it within themselves to sign onto this lawsuit. Please take a minute to read their stories within the suit's language (pages 6 and 7). The fact that this suit names defendants individually and the entire board of MUSC is included is commendable (pages 8-11, if you’re curious). We cannot let their courage be in vain; we must continue fighting alongside them.