Court injunction sought against Alberta government's new transgender youth health care legislation
Social Sharing
Lawyers for two LGBTQ+ advocacy organizations are in court Monday for the first step in their fight against the Alberta government's transgender law that prevents doctors from providing gender-affirming treatments, including puberty blockers and hormone therapy for youths under the age of 16.
Egale Canada and Alberta's Skipping Stone Foundation, joined by the families of five gender-diverse Alberta youths, launched the legal action against the provincial government in December after Bill 26 received royal assent. It has not yet been proclaimed.
The groups are challenging the constitutionality of the bill and seeking an injunction that would protect youth access to the health care in question while the courts decide whether the law is constitutional.
Egale has called the Alberta government's actions "unprecedented" and " sweeping attack on the rights, safety and freedoms of 2SLGBTQI people in Alberta."
The organization argues it is unconstitutional to deny medical care on the basis of being gender diverse and is a violation of the teens' Charter rights to security of the person, freedom from cruel and unusual treatment and their right to equality.
A spokesperson for the justice minister previously said it would be inappropriate to comment on the case as it's before the courts but did say the legislation "strikes an apportioned balance."
In December, Smith said the bill is necessary to protect children.
"We don't allow them to smoke, we don't allow them to do drugs, we don't allow them to drive. So we think that making a permanent decision that will affect one's fertility is an adult decision," Smith said.
Smith has previously expressed confidence that her government's bill will withstand the Charter challenge but said the notwithstanding clause is on the table as "a last resort." It's a constitutional measure which allows a government to override certain Charter rights for up to five years.
Part of Bill 26 includes a ban on gender-affirming "top" surgery for youths, a rule which is already in effect.
Bill 26 is one of three transgender laws the government seeks to implement.
The Education Amendment Act will see a requirement for parental consent for children under 16 to change their names or pronouns at school, and for parental opt-in for their kids to be taught lessons on sexuality, sexual orientation and gender identity.
The Fairness and Safety in Sports act — banning transgender athletes from competing in female mature sports — is also set to become law. As part of the new legislation, sports organizations will also be required to report eligibility complaints to the government.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Toronto Star
7 hours ago
- Toronto Star
Here's what to know about American Samoans in Alaska who are being prosecuted after trying to vote
WHITTIER, Alaska (AP) — FOR MOVEMENT AT 9 A.M. EASTERN ON SATURDAY, 6/7. WITH VOTING-AMERICAN SAMOANS MAINBAR. They were born on U.S. soil, are entitled to U.S. passports and allowed to serve in the U.S. military, but 11 people in a small Alaska town are facing criminal charges after they tried to participate in a fundamental part of American democracy: voting. The defendants, who range in age from their 20s to their 60s, were all born in American Samoa — the only U.S. territory where residents are not automatically granted citizenship at birth. Prosecutors say they falsely claimed American citizenship when registering or trying to vote. ARTICLE CONTINUES BELOW The cases are highlighting another side of the debate over exaggerated allegations of voting by noncitizens, as well as what it means to be born on American soil, as President Donald Trump tries to redefine birthright citizenship by ending it for children of people who are in the country illegally. Here's what to know about the prosecutions in Alaska and the status of American Samoans when it comes to voting. What is the Alaska case about? The investigation began after Tupe Smith, a mom in the cruise-ship stop of Whittier, decided to run for a vacant seat on the regional school board in 2023. She was unopposed and won with about 95% of the vote. That's when she learned she wasn't allowed to hold public office because she wasn't a U.S. citizen. Smith says she knew she wasn't allowed to vote in federal elections but thought she could vote in local or state races, and that she never would have voted if she knew it wasn't legal. She says she told elections workers that she was a U.S. national, not a citizen, and was told to check a box saying she was a citizen anyway. About 10 months later, troopers returned to Whittier and issued court summonses to her husband and nine other American Samoans. While Smith appeals the charges against her, the state filed charges against the others in April. The state argues that Smith's false claim of citizenship was intentional, and her claim to the contrary was undercut by the clear language on the voter application forms she filled out in 2020 and 2022. The forms said that if the applicant did not answer yes to being over 18 years old and a U.S. citizen, 'do not complete this form, as you are not eligible to vote.' ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Why can't American Samoans vote in the U.S.? The 14th Amendment to the Constitution promises U.S. citizenship to those born on U.S. soil and subject to its jurisdiction. American Samoa has been U.S. soil since 1900, when several of its chiefs ceded their land and vowed allegiance to the United States. For that reason, Smith's lawyers argue, American Samoans must be recognized as U.S. citizens by birthright, and they should be allowed to vote in the U.S. But the islands' residents have never been so considered — Congress declined to extend birthright citizenship to American Samoa in the 1930s — and many American Samoans don't want it. They worry that it would disrupt their cultural practices, including communal land ownership. The 10th U.S. Circuit Court of Appeals cited that in 2021 when it declined to extend automatic citizenship to those born in American Samoa, saying it would be wrong to force citizenship on those who don't want it. The Supreme Court declined to review the decision. People born in all other U.S. territories — Puerto Rico, the U.S. Virgin Islands, the Northern Mariana Islands and Guam — are U.S. citizens. They can vote in U.S. elections if they move to a state. American Samoans can participate in local elections on American Samoa, including for a nonvoting representative in Congress. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Have other states prosecuted American Samoans for trying to vote? Supporters of the American Samoans in Whittier have called the prosecutions unprecedented. One of Smith's attorneys, Neil Weare, suggested authorities are going after 'low-hanging fruit' in the absence of evidence that illegal immigrants frequently cast ballots in U.S. elections. Even state-level investigations have found voting by noncitizens to be exceptionally rare. In Oregon, officials inadvertently registered nearly 200 American Samoan residents to vote when they got their driver's licenses under the state's motor-voter law. Of those, 10 cast ballots in an election, according to the Oregon Secretary of State's office, but officials found they did not intend to break the law and no crime was committed. In Hawaii, one resident who was born in American Samoa, Sai Timoteo, ran for the state Legislature in 2018 before learning she wasn't allowed to hold public office or vote. She also avoided charges. Is there any legislation to fix this? American Samoans can become U.S. citizens — a requirement not just for voting, but for certain jobs, such as those that require a security clearance. However, the process can be costly and cumbersome. Given that many oppose automatic citizenship, the territory's nonvoting representative in Congress, Aumua Amata Coleman Radewagen, has introduced legislation that would streamline the naturalization of American Samoans who do wish to become U.S. citizens. The bill would allow U.S. nationals in outlying U.S. territories — that is, American Samoa — to be naturalized without relocating to one of the U.S. states. It would also allow the Department of Homeland Security to waive personal interviews of U.S. nationals as part of the process and to reduce fees for them. ___ Bohrer reported from Juneau, Alaska, and Johnson from Seattle.
Winnipeg Free Press
7 hours ago
- Winnipeg Free Press
Here's what to know about American Samoans in Alaska who are being prosecuted after trying to vote
WHITTIER, Alaska (AP) — FOR MOVEMENT AT 9 A.M. EASTERN ON SATURDAY, 6/7. WITH VOTING-AMERICAN SAMOANS MAINBAR. They were born on U.S. soil, are entitled to U.S. passports and allowed to serve in the U.S. military, but 11 people in a small Alaska town are facing criminal charges after they tried to participate in a fundamental part of American democracy: voting. The defendants, who range in age from their 20s to their 60s, were all born in American Samoa — the only U.S. territory where residents are not automatically granted citizenship at birth. Prosecutors say they falsely claimed American citizenship when registering or trying to vote. The cases are highlighting another side of the debate over exaggerated allegations of voting by noncitizens, as well as what it means to be born on American soil, as President Donald Trump tries to redefine birthright citizenship by ending it for children of people who are in the country illegally. Here's what to know about the prosecutions in Alaska and the status of American Samoans when it comes to voting. What is the Alaska case about? The investigation began after Tupe Smith, a mom in the cruise-ship stop of Whittier, decided to run for a vacant seat on the regional school board in 2023. She was unopposed and won with about 95% of the vote. That's when she learned she wasn't allowed to hold public office because she wasn't a U.S. citizen. Smith says she knew she wasn't allowed to vote in federal elections but thought she could vote in local or state races, and that she never would have voted if she knew it wasn't legal. She says she told elections workers that she was a U.S. national, not a citizen, and was told to check a box saying she was a citizen anyway. About 10 months later, troopers returned to Whittier and issued court summonses to her husband and nine other American Samoans. While Smith appeals the charges against her, the state filed charges against the others in April. The state argues that Smith's false claim of citizenship was intentional, and her claim to the contrary was undercut by the clear language on the voter application forms she filled out in 2020 and 2022. The forms said that if the applicant did not answer yes to being over 18 years old and a U.S. citizen, 'do not complete this form, as you are not eligible to vote.' Why can't American Samoans vote in the U.S.? The 14th Amendment to the Constitution promises U.S. citizenship to those born on U.S. soil and subject to its jurisdiction. American Samoa has been U.S. soil since 1900, when several of its chiefs ceded their land and vowed allegiance to the United States. For that reason, Smith's lawyers argue, American Samoans must be recognized as U.S. citizens by birthright, and they should be allowed to vote in the U.S. But the islands' residents have never been so considered — Congress declined to extend birthright citizenship to American Samoa in the 1930s — and many American Samoans don't want it. They worry that it would disrupt their cultural practices, including communal land ownership. The 10th U.S. Circuit Court of Appeals cited that in 2021 when it declined to extend automatic citizenship to those born in American Samoa, saying it would be wrong to force citizenship on those who don't want it. The Supreme Court declined to review the decision. People born in all other U.S. territories — Puerto Rico, the U.S. Virgin Islands, the Northern Mariana Islands and Guam — are U.S. citizens. They can vote in U.S. elections if they move to a state. American Samoans can participate in local elections on American Samoa, including for a nonvoting representative in Congress. Have other states prosecuted American Samoans for trying to vote? Supporters of the American Samoans in Whittier have called the prosecutions unprecedented. One of Smith's attorneys, Neil Weare, suggested authorities are going after 'low-hanging fruit' in the absence of evidence that illegal immigrants frequently cast ballots in U.S. elections. Even state-level investigations have found voting by noncitizens to be exceptionally rare. In Oregon, officials inadvertently registered nearly 200 American Samoan residents to vote when they got their driver's licenses under the state's motor-voter law. Of those, 10 cast ballots in an election, according to the Oregon Secretary of State's office, but officials found they did not intend to break the law and no crime was committed. In Hawaii, one resident who was born in American Samoa, Sai Timoteo, ran for the state Legislature in 2018 before learning she wasn't allowed to hold public office or vote. She also avoided charges. Is there any legislation to fix this? American Samoans can become U.S. citizens — a requirement not just for voting, but for certain jobs, such as those that require a security clearance. However, the process can be costly and cumbersome. Given that many oppose automatic citizenship, the territory's nonvoting representative in Congress, Aumua Amata Coleman Radewagen, has introduced legislation that would streamline the naturalization of American Samoans who do wish to become U.S. citizens. The bill would allow U.S. nationals in outlying U.S. territories — that is, American Samoa — to be naturalized without relocating to one of the U.S. states. It would also allow the Department of Homeland Security to waive personal interviews of U.S. nationals as part of the process and to reduce fees for them. ___ Bohrer reported from Juneau, Alaska, and Johnson from Seattle.
CTV News
8 hours ago
- CTV News
As a generation of gay and lesbian people ages, memories of worse - and better
Rayceen Pendarvis speaks during an interview with The Associated Press in Washington, Tuesday, June 3, 2025. (AP Photo/Jose Luis Magana) WASHINGTON — David Perry recalls being young and gay in 1980s Washington D.C. and having 'an absolute blast.' He was fresh out of college, raised in Richmond, Va., and had long viewed the nation's capital as 'the big city' where he could finally embrace his true self. He came out of the closet here, got a job at the National Endowment for the Arts where his boss was a gay Republican, and 'lost my virginity in D.C. on August 27, 1980,' he says, chuckling. The bars and clubs were packed with gay men and women — Republican and Democrat — and almost all of them deep in the closet. 'There were a lot of gay men in D.C., and they all seemed to work for the White House or members of Congress. It was kind of a joke. This was pre-Internet, pre-Facebook, pre-all of that. So people could be kind of on the down-low. You would run into congresspeople at the bar,' Perry says. 'The closet was pretty transparent. It's just that no one talked about it.' He also remembers a billboard near the Dupont Circle Metro station with a counter ticking off the total number of of AIDS deaths in the District of Columbia. 'I remember when the number was three,' says Perry, 63. Now Perry, a public relations professional in San Francisco, is part of a generation that can find itself overshadowed amidst the after-parties and DJ sets of World Pride, which wraps up this weekend with a two-day block party on Pennsylvania Avenue. Advocates warn of a quiet crisis among retirement-age LGBTQ2S+ people and a community at risk of becoming marginalized inside their own community. 'It's really easy for Pride to be about young people and parties,' says Sophie Fisher, LGBTQ program coordinator for Seabury Resources for Aging, a company that runs queer-friendly retirement homes and assisted-living facilities and which organized a pair of Silver Pride events last month for LGBTQ2S+ people over age 55. These were 'the first people through the wall' in the battle for gay rights and protections, Fisher says. Now, 'they kind of get swept under the rug.' Loneliness and isolation The challenges and obstacles for elderly LGBTQ2S+ people can be daunting. 'We're a society that really values youth as is. When you throw in LGBTQ on top of that, it's a double whammy,' says Christina Da Costa of the group SAGE — Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders. 'When you combine so many factors, you have a population that's a lot less likely to thrive than their younger brethren.' Older LGBTQ2S+ people are far more likely to have no contact with their family and less likely to have children to help care for them, Da Costa says. Gay men over 60 are the precise generation that saw their peer group decimated by AIDS. The result: chronic loneliness and isolation. 'As you age, it becomes difficult to find your peer group because you don't go out to bars anymore,' says Yvonne Smith, a 73-year-old D.C. resident who moved to Washington at age 14. 'There are people isolated and alone out there.' These seniors are also often poorer than their younger brethren. Many were kicked out of the house the moment they came out of the closet, and being openly queer or nonbinary could make you unemployable or vulnerable to firing deep into the 1990s. 'You didn't want to be coming out of a gay bar, see one of your co-workers or one of your students,' Smith says. 'People were afraid that if it was known you were gay, they would lose their security clearance or not be hired at all.' In April, founders cut the ribbon on Mary's House, a new 15-unit living facility for LGBTQ2S+ seniors in southeast Washington. These kind of inclusive senior-care centers are becoming an increasing priority for LGBTQ2S+ elders. Rayceen Pendarvis, a D.C. queer icon, performer and presenter, says older community members who enter retirement homes or assisted-living centers can face social isolation or hostility from judgmental residents. 'As we age, we lose our peers. We lose our loved ones and some of us no longer have the ability to maintain our homes,' says Pendarvis, who identifies as 'two-spirit' and eschews all pronouns. 'Sometimes they go in, and they go back into the closet. It's very painful for some.' A generation gap Perry and others see a clear divide between their generation and the younger LGBTQ2S+ crowd. Younger people, Perry says, drink and smoke a lot less and do much less bar-hopping in the dating-app age. Others can't help but gripe a bit about how these youngsters don't know how good they have it. 'They take all these protections for granted,' Smith says. The younger generation 'got comfortable,' Pendarvis says, and sometimes doesn't fully understand the multigenerational fight that came before. 'We had to fight to get the rights that we have today,' Pendarvis said. 'We fought for a place at the table. We CREATED the table!' Now that fight is on again as President Donald Trump's administration sets the community on edge with an open culture war targeting trans protections and drag shows, and enforcing a binary view of gender identity. The struggle against that campaign may be complicated by a quiet reality inside the LGBTQ2S+ community: These issues remain a topic of controversy among some LGBTQ2S+ seniors. Perry said he has observed that some older lesbians remain leery of trans women; likewise, he said, some older gay men are leery of the drag-queen phenomenon. 'There is a good deal of generational sensitivity that needs to be practiced by our older gay brethren,' he says. 'The gender fluidity that has come about in the last 15 years, I would be lying if I said I didn't have to adjust my understanding of it sometimes.' Despite the internal complexities, many are hoping to see a renewed sense of militancy and street politics in the younger LGBTQ2S+ generation. Sunday's rally and March for Freedom, starting at the Lincoln Memorial, is expected to be particularly defiant given the 2025 context. 'I think we're going to see a whole new era of activism,' Perry says. 'I think we will find our spine and our walking shoes – maybe orthopedic – and protest again. But I really hope that the younger generation helps us pick up this torch.' Ashraf Khalil, The Associated Press
