CHARLOTTE, N.C. - The ACLU of North Carolina filed a lawsuit today in partnership with Elizabeth Simpson, Strategic Director & Attorney at Emancipate NC, challenging a provision of House Bill 805. The bill, which targets trans North Carolinians and enforces new classroom censorship policies, was passed into law by the North Carolina General Assembly despite Gov. Stein’s veto last summer and recently went into full effect.
The lawsuit specifically challenges Section 3 of HB 805, which bans the usage of state funds to provide gender-affirming care, including “surgical gender transition procedures and cross-sex hormones” for people who are incarcerated in North Carolina prisons or otherwise in the custody of the Department of Adult Corrections. This provision creates a de facto ban on gender-affirming care for those who are incarcerated, as they cannot access health care services unless the state provides them. Section 3 went into effect immediately upon the passage of the bill on July 29.
The lawsuit argues that Section 3 violates the Eighth Amendment, which requires states to provide medically necessary care to individuals in their custody. Failure to provide this care constitutes cruel and unusual punishment. The lawsuit also includes a class action claim to seek relief for people who are currently incarcerated and may be harmed by the new law.
“This legislation is dangerous and harmful. Everyone deserves access to medically necessary care, including gender-affirming care, full stop,” said Jaclyn Maffetore, senior staff attorney for the ACLU of North Carolina. “The state takes on a huge responsibility for the people in its care, and that includes providing adequate health care for people who are incarcerated. Our fundamental right to fair treatment does not end when we enter the criminal legal system.”
"As long as our laws codify needless suffering for incarcerated people, our society won't be able to recognize any human pain as truly valid and real,” said Elizabeth Simpson, strategic director and attorney for Emancipate NC.
You can view the complaint below.
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