Louisiana
Louisiana families file lawsuit to block state ban on gender-affirming care for transgender youth
LGBTQ rights group Lambda Legal announced a lawsuit Monday seeking to block enforcement of a Louisiana ban on gender-affirming procedures for transgender youth.
The civil rights organization prepared the lawsuit, along with the Center for Health Law & Policy Innovation of Harvard Law and a Louisiana law firm, on behalf of five Louisiana minors and their families. The lawsuit targets Act 466, known as the Health Care Ban, which prohibits gender-affirming medical care for transgender minors in Louisiana.
The Health Care Ban took effect on January 1 after Louisiana lawmakers overrode then-governor John Bel Edwards’ veto. The law prohibits hormone treatments, gender reassignment and other gender-affirming healthcare procedures for minors. Lambda Legal claimed in a statement that the ban removes parents’ rights to direct their child’s healthcare, violates the state constitution by unlawfully interfering with minors’ right to obtain or reject medical care, and violates the state constitution’s guarantee to equal protection under the law by discriminating based on sex and transgender status.
Omar Gonzalez-Pagan, Counsel and Health Care Strategist for Lambda Legal, claimed the Health Care Ban singles out trans youth by prohibiting the medical care “only for minors who are transgender, despite it being evidence-based, safe, and effective.” He argued that denying medical care to minors just because they are transgender is “unlawful and inhumane,” especially considering the same treatment is still available to all other minors.
The lawsuit, Soe, et al. v. The Louisiana Board of Medical Examiners, et al., was filed in the Civil District Court for the Parish of Orleans, and the plaintiffs are five minors aged 9-16 as well as their respective parents and guardians.
Louisiana is not the only state challenging access to gender-affirming care for trans minors. In December, a federal judge declined to pause a challenge to an Alabama law that criminalized such treatment for minors. The same month, the governor of Ohio vetoed a bill banning gender-affirming care for minors.
Louisiana is one of 21 states to ban gender-affirming medication and surgical care for transgender youth, and the state has initiated and/or passed several bills that center on LGBTQ+ rights in the past few years. In 2022, Louisiana passed a law banning trans youth from participating in sports corresponding with their gender identity. Last year, the state legislature failed to override two vetoes by then-governor Edwards. One of those bills would have banned the discussion of sexual orientation or gender identity in public schools, and the other would’ve required school employees to refer to students by the names and pronouns that align with their birth certificates, even if it did not align with their gender identities, until the child’s parent provided permission to do otherwise.
After Jeff Landry, who has supported the state’s ban on gender-affirming care for trans minors, won Louisiana’s gubernatorial election in October, trans activists have predicted that the two bills will be reintroduced in 2024 and signed into law by Landry.
Louisiana
Louisiana Supreme Court recalls Liz Murrill’s arrest warrant in late-night emergency ruling
The Louisiana Supreme Court in an emergency order late Friday night agreed to recall an arrest warrant for Louisiana Attorney General Liz Murrill, after issuing a ruling earlier in the day to stay her indictment from an Orleans Parish grand jury.
The grand jury indicted Murrill on Thursday, charging her with 16 felony counts of malfeasance in office and intimidation. Orleans Criminal District Court Judge Leon Roche issued an alias capias arrest warrant and set Murrill’s bond at $400,000.
The attorney general quickly asked the state Supreme Court to intervene, who responded with an order Friday morning that stayed the indictment.
But by late Friday, Murrill went back to the high court alleging that the special prosecutor appointed to her case, former New Orleans judge Laurie White, had refused to recall the alias capias arrest warrant despite the stay.
“I object to the removal of the capias (warrant), as the accused should not get any more preferential treatment than any other criminally charged defendant,” White allegedly told Murrill’s legal team, according to their filing to the Supreme Court.
The Louisiana Supreme Court issued another order late Friday night, saying it was “in order to add clarity and specificity where none should have been required.” The order recalled Murrill’s arrest warrant, ordered White and law enforcement to remove the warrant from law enforcement databases, and ordered White and law enforcement to “take all necessary actions to comply with this Order.”
The court’s vote on recalling the warrant was 4-3, with Justices Billy Burris, Cade Cole, Jefferson Hughes and Jay McCallum voting in the majority. Chief Justice John Weimer and Justices Piper Griffin and John Michael Guidry each dissented. Weimer and Guidry had also dissented earlier Friday from the decision to stay Murrill’s indictment; Griffin had voted in favor of the stay.
“It is said that procedure is the handmaiden of substance, but in criminal cases procedural rules are indispensable to serve justice and ensure that all are treated equally,” Weimer wrote in his Friday night dissent over recalling the warrant. “Yet, ironically, on the eve of this July 4th when our nation will commemorate the 250th anniversary of the Declaration of Independence, this court is once again called upon to provide exceptions to the normal process pursuant to another feigned emergency by one party.”
Griffin wrote in a dissent that recalling the warrant goes to the merits of the case. Guidry wrote in his dissent that the majority had elevated “power and privilege over process.”
“This is yet another unprecedented preferential act by the majority bestowing a privilege that no other criminally charged defendant can reasonably expect to receive,” Guidry wrote.
This is a developing story, check back later for more.
NEW ORLEANS (WGNO) — For the first time in state history, Louisiana has more registered Republican voters than Democrats, according to the Secretary of State’s office.
Political analyst Jeff Crouere says that while Louisiana has voted Republican in recent elections, the real shift was due to Republicans convincing Democrats to cross the aisle.
“Encourage more people to register as Republicans. These were like conservative Democrats that had been voting Republican but were still registered as Democrats. So, they, they were encouraged to switch parties. This trend accelerated. It’s been going on for a while,” said Crouere.
Republicans are calling it a milestone, saying it shows the state is finally as good as its people, crediting every grassroots volunteer who helped make it happen.
“That is a testament to republicans sticking to their promises. Louisiana is going to be the best state in the nation, and we are one year at a time making that happen,” said Gov. Jeff Landry.
“More Louisianans than ever are choosing the party of freedom. Opportunity, honesty, lower taxes, safer streets, and better schools. This is a historic milestone for our state,” said Chairman of the Republican Party of Louisiana Derek Babcock.
However, Democrats see it differently. They argue there hasn’t been a political shift at all, saying the change is largely the result of widespread voter purging.
“Where you kicked thousands and tens of thousands of people off the rolls without giving them an opportunity to fix it. You go through these purges, and you summarily target Democrats,” said Louisiana Congressman Troy Carter.
“The governor is doing everything that he can to showcase that his back is not against the wall, that the people of Louisiana are not turning against him and the MAGA Republicans’ agenda,” said Louisiana Public Service Commissioner Davante Lewis.
Overall, Croure says it’s a small gap, so both parties have to do better. Citing recent voter turnout.
“Democrats need to catch up as far as the money goes. The messaging, the type of candidate. But if I were Republicans, I wouldn’t be celebrating too much, because in the last election, only 17% of Republicans bothered to vote,” said Croure.
Ashley Shelton, CEO of the Power Coalition, says the organization has been working to register more young voters by partnering with local colleges and universities.
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The Louisiana Supreme Court granted a stay early Friday morning to keep Republican Attorney General Liz Murrill from being arrested on felony charges handed down by a New Orleans grand jury July 2.
Though the Supreme Court didn’t dismiss the case against Murrill, it did pause the process and signaled in its ruling that the attorney general “is likely to succeed on the merits of a motion to quash this indictment on either a legal basis or due to apparent procedural irregularities.”
Murrill responded with a statement at 6:53 a.m. July 3.
“I’m grateful to the Louisiana Supreme Court for swiftly issuing a stay in this matter,” she said. “I hope this political witch hunt is not a harbinger of things to come, but I fear that it is. Neither the grand jury investigation law nor the public intimidation law was intended to be used as a political weapon by a rogue, biased, vindictive special prosecutor, judge and grand jury. I hope the Legislature in the future will ensure this cannot happen again.”
The grand jury returned a 16-count indictment charging Murrill with malfeasance and intimidation in the latest chapter of an ongoing feud between Murrill and Democratic city leaders.
The charges stem from letters Murrill sent to city officials, among them Mayor Helena Moreno, in May saying they risked losing their elected positions if they tried to overturn legislative action that eliminated a New Orleans criminal clerk’s elected office.
Republican Gov. Jeff Landry, who also has a fractious relationship with New Orleans city leaders, called the grand jury a “kangaroo court” and promised to pardon Murrill.
Special prosecutor Laurie White responded to Landry during a news conference after the grand jury returned its indictment, saying, “Good; let’s get her convicted and then he can pardon her.”
“We’re very interested in elected officials in New Orleans not being intimidated or threatened,” White told reporters. “It’s going to be very simple; very open and shut.”
Orleans Criminal District Judge Leon Roche had issued a warrant for Murrill’s arrest, setting bond at $400,000, but the Supreme Court stay halted that warrant.
Ironically, Murrill secured an indictment for former Orleans Parish Sheriff Susan Hutson earlier this year in the same courthouse.
Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1.
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