Minnesota's Order Makes It One Of The Safest For Trans People Fleeing Criminalizing States

Minnesota Governor Tim Walz signed an extensive executive order that protects transgender kids and families fleeing anti-trans states. It goes above and beyond to protect trans people.

Yesterday, Gov. Tim Walz of Minnesota signed Executive Order 23-03, a comprehensive order that safeguards transgender individuals, their families, and their providers from out-of-state prosecution. The order guarantees access to healthcare and extends protection to transgender people from all state agencies while obtaining such care. This order is referred to as a "safe state law," which has been proposed and passed in several states across the U.S. Initially introduced by California Senator Scott Weiner, sponsor of the state's own safe state law, these proposals aim to prevent the criminalization and extradition of families and providers who seek sanctuary from being targeted by their home states. If the order's extensive safeguards materialize, Minnesota would rank among the safest states in the U.S. for transgender individuals in terms of state policy and legislation.

The order’s protections are comprehensive. It contains several provisions to mandate health insurance companies to no longer deny transgender care. It directs state agencies to require modern standards of care. Many times when it comes to transgender care, the only things that are covered are hormones and gender reassignment surgery - this was the standard of care two decades ago. Now, things like facial feminization surgery, hair removal, prosthetics, and more are considered medically necessary and supported by evidence in the modern standards of care spelled out in WPATH 8. It also provides protections against discrimination in educational institutions, another major issue given the willingness of some school districts this year to pass local policies banning bathroom access.

Perhaps more importantly, the state will protect transgender people, their families, and their providers from legal targeting. It bans the use of any resources whatsoever in enacting out of state anti-trans laws against people who flee to Minnesota to obtain their care. Police officers, jail cells, and even ink to paper could be considered “state resources.” See this comprehensive list of ways that the order protects transgender Minnesotans:

Health:

• Coordination of all state agencies to safeguard individuals seeking gender-affirming care.

• Issuance of a bulletin to health insurance companies mandating insurance coverage.

• Preparation of a report summarizing the effectiveness of gender-affirming care and its public health impacts.

• Initiation of investigations into health insurance denials.

• Refusal to approve insurance companies with evidence of denials.

• Updating of provider manuals for Medicaid to ensure modern standards of care are met for transgender insurance coverage.

Health and Education:

• Mandate the Minnesota Department of Human Rights to investigate educational institutions or health companies for discriminatory practices.

Denial of investigations:

• Minnesota will not use any time, money, facilities, property, equipment, personnel, or resources to assist investigations for civil or criminal liability against trans people or their families.

• Minnesota will not enforce judgments from other states terminating parental rights due to gender-affirming care provision.

• Minnesota will not comply with subpoenas in other states for gender-affirming care information.

• Governor Welz will exercise his discretion to refuse requests for the arrest or surrender of people charged with violation of the law in another state due to gender-affirming care.

This is comprehensive and goes far beyond many other safe state policies proposed or passed in other states. Some states have “soft” safe state laws that have been passed last year or this year that protect gender affirming care providers and patients if the conduct occurred within the safe state borders. Others, such as California and Washington, D.C., protect patients and providers even if they are fleeing conduct that occurred in another state - something I have referred to as “hard” safe state laws. These laws often also protect trans kids in child custody cases. Minnesota joins those two states in protecting fleeing trans people as well as trans kids in custody situations where a parent could have their kid removed for the provision of gender affirming care. Here is a map of current safe state laws:

Safe states protecting transgender refugees.

This all comes as transgender people, their families, and providers are increasingly criminalized. Neighboring states such as Iowa and South Dakota have both passed bills recently that ban gender affirming care for transgender youth. South Dakota’s bill specifically tells doctors how to force medical detransition on trans teens. States like Texas have investigated parents of trans youth for child abuse and several bills proposed there intend to put that practice into the code of law. Child custody is a particularly important point as states like Florida and Texas have bills in place to legalize kidnapping of transgender kids by noncustodial parents, or the kids of transgender parents.

The executive order comes after transgender Representative Leigh Finke has had success getting a similar bill through committee. Representative Finke has been a strong proponent of safe state legislation and her bill has received dozens of endorsements. Because the legislative process takes time, however, Governor Walz was content to ensure the use of his executive authority to achieve the same goals. Rep. Finke was present at the order’s signing and gave a speech. See her remarks:

This executive order will make Minnesota one of the safest states for transgender people once it is fully in effect. Should Minnesota go forward to pass Rep. Finke’s safe state legislation, those protections will be solidified for years to come. In a year when transgender people are under attack more than ever, it is these kinds of bills that show a true commitment to being strong allies to the community. Because of this, I will be upgrading Minnesota into the ranks of the dark blue, safest states on my map of transgender legislative risk on its next release.