A nine-year-old transgender boy in North Carolina has filed a lawsuit against the state over a newly passed bill that puts limitations on gender-affirming care for individuals under the age of 18.

The child is identified by the pseudonym Victor Voe, in the lawsuit to conceal his identity. The suit names the leaders of the Department of Health and Human Services and the N.C. Medical Board as defendants, as they will be tasked with enforcing the new rules.

House Bill 808 is at the center of this lawsuit and is described as being a blatant violation of “the rights of North Carolina adolescents and their parents under the Fourteenth Amendment and the Affordable Care Act.”

The lawsuit says that the bill is a violation of the Equal Protection Clause of the 14th Amendment because it discriminates against transgender adolescents and their parents. The lawsuit also argues the bill strips parents of their right to exercise parental autonomy and their ability to give their transgender children access to the medical care they need.

Victor’s lawsuit also says the bill violates the Due Process Clause of the 14th Amendment by infringing on a parent's right to make decisions regarding the care of their children.

Finally, the lawsuit argues the bill violates Section 1557 of the Affordable Care Act because it discriminates against transgender adolescents on the basis of their sex.

House Bill 808 was passed on June 29, 2023, by the North Carolina General Assembly and prohibits medical professionals from “providing evidence-based, widely accepted, necessary, and potentially life-saving medical care to transgender adolescents.” Among this care are blocking drugs, hormone therapy, and gender-transitioning surgical procedures.

The bill was passed with all Republicans voting in favor, and nearly all Democrats opposing it. The state’s Democratic Gov. Roy Cooper vetoed the bill after it passed, but in August, the Republican-controlled legislature overrode his veto.

In addition to restricting care, the bill also makes it illegal to have state funds used directly or indirectly to support gender-affirming medical care or available coverage through a government health or health insurance plan.

North Carolina is one of at least 22 states that have some variation of a law that prohibits or restricts medical professionals from offering gender-affirming care to individuals under the age of 18. The push to restrict gender-affirming care in adolescents is primarily led by republican leaders who argue there is not enough research to show the implications of such care on children and teens.

The lawsuit pushes back on such claims, arguing that adolescents should have the right to choose what they think is in their best medical interest. The lawsuit details, "Victor is transgender. He knew from a very young age that his gender identity did not match his sex assigned at birth, and he generally lives as the boy he is in every aspect of life. However, with his puberty approaching, Victor will soon need medical care that is prohibited by the Health Care Ban."

The complaint maintains that if the bill is not struck down, he will have to wait nearly a year to complete his gender transition.

Victor is named as the lead plaintiff, but his parents, a local doctor, and a number of LGBTQ+ rights groups have also joined in on the lawsuit.

Republican Senator Joyce Krawiec, the primary sponsor of the bill, says that the state has a duty to protect children from receiving what is often irreversible medical care during their formative years. Instead, children who want to transition should wait until they are old enough to understand the full implications of transitioning.

“For good reason, other countries are taking a second look at how they administer puberty blockers. Regulating these treatments for minors in North Carolina is the appropriate action to take,” Krawiec said during deliberation of the bill.

Democrats in the state vehemently argued against the bill, calling it an encroachment of government control. “This bill isn’t about keeping our children safe,” shared Democrat Sen. Jay Chaudhuri. “This bill represents yet another example of government overreach. The bill represents another example of when politicians decide, not medical professionals decide. This bill represents yet another example of letting politicians decide, and not letting parents decide.”