'Terrified:' Transgender South Carolinians file federal lawsuit against H.4624

Transgender South Carolinians are suing the state to block enforcement of a recently enacted law that prohibits those under 18 from receiving gender reassignment surgery or any form of puberty-blocking or hormone therapy.

Plaintiffs argue H.4624 violates the equal protection clause of the 14th Amendment as it "discriminates against transgender individuals based on sex and transgender status." Plaintiffs range from transgender adults to transgender children and their parents.

The bill, signed into law by Gov. Henry McMaster in May, also made it a felony to perform gender reassignment surgery on those under the age of 18, as well as banning the South Carolina Medicaid program from providing coverage for gender reassignment surgery or hormone therapy to adults and minors.

It became effective immediately.

The lawsuit filed Thursday in the U.S. District Court for South Carolina seeks a preliminary and permanent injunction of three main provisions in the law, including the ban on medical care for those under 18 and the prohibition of public funds and coverage under South Carolina’s Medicaid program.

The named plaintiff, Sterling Misanin, 32, is a transgender man whose scheduled surgery was canceled at the Medical University of South Carolina after the law passed.

“I feel so lucky and fortunate to be supported and affirmed by so many wonderful people who accept me for who I am,” said Misanin in a statement. “My family continues to be extremely supportive of me living as the man that I am. In Charleston, I have a wonderful community who make me feel safe and seen. But, the actions by MUSC have caused me significant harm, and I am devastated that my state has interfered in my access to life-saving health care. I am an adult, and I know myself better than my state does, and I cannot stay silent about the very real harms that this law inflicts on transgender people like me.”

For privacy reasons, most of the plaintiffs are anonymous. Attorneys from the American Civil Liberties Union and New York-based law firm Selendy Gay will represent them.

More: South Carolina Gov. McMaster signs bill outlawing transgender care for trans youth

The lawsuit maintains that two South Carolina teenagers, a 15-year-old and a 17-year-old, had been prescribed “medically necessary care” now prohibited by H.4624 and will no longer have access once the statutory taper-off period ends in late January.

Misanin said that though he had scheduled the procedure, MUSC denied the treatment, citing the new law.

Two other adult plaintiffs, both anonymous, are also affected by the law no longer allowing public funds to be used for transgender healthcare. While one had planned to receive gender-affirming surgery, the South Carolina Public Employee Benefit Authority no longer covers it, though it had before, according to the lawsuit. Another plaintiff argues she will not be able to have scheduled gender-affirming surgery because she cannot afford it without the insurance from PEBA.

Robert Kittle, spokesperson for Attorney General Alan Wilson, said in a statement that the office does not comment on pending litigation but "will vigorously defend the state’s laws."

McMaster said he was proud to sign the bill into law and "will continue to support our State’s efforts to fight back against those who wish to force harmful gender transition procedures on our children.”

The lawsuit says that the law “gravely and directly threatens the mental health and physical well-being of transgender people.”

The filing includes the experience of one of the minors, known under the pseudonym Grant, who has been on hormone therapy for four months. His family has “noticed a night-and-day difference,” as he has been “happier and excited.”

The lawsuit says the family faces a choice between having Grant stop testosterone, something he is “terrified” of doing, or leaving South Carolina.

The South Carolina chapter of the ACLU says that the law passed during a "wave of anti-LGBTQ legislation," but similar laws have already "started to fall under legal scrutiny."

“A law that takes away healthcare from people, that strips away the ability of parents to make medical decisions for their children, that criminalizes doctors who follow the established standards of care isn’t just mean-spirited and harmful – it’s also unconstitutional,” said Jace Woodrum, ACLU of South Carolina executive director. “Transgender South Carolinians should be able to get the medical care they need without politicians coming into their doctors’ offices with them. That’s why we’re challenging this dangerous law.”

Savannah Moss covers politics for the Greenville News. Reach her at smoss@gannett.com or follow her on X @Savmoss.

This article originally appeared on Greenville News: 'Terrified:' Transgender South Carolinians file federal lawsuit against H.4624