NC judge denies attempt to test state’s new law on gender-affirming care
A Charlotte-area judge has declined to revive a lawsuit that would’ve tested new statewide legislation on LGBTQ rights. But an appeal is expected in the case.
A Gaston County judge last week dismissed Prisha Mosley’s request to reinstate medical malpractice and negligence claims she first filed in 2023 against multiple health care providers, according to records shared by the conservative NC Values Coalition.
Mosley received gender-affirming care as a teen but later “detransitioned.” She petitioned to reinstate the malpractice claims, previously dismissed for exceeding the statute of limitations, under the newly enacted House Bill 805. That legislation extended that window to sue from four to 10 years.
The judge also dismissed Mosley’s fraud and conspiracy to commit fraud claims.
Mosley said on social media Tuesday she plans to appeal.
“My case is being moved up to the higher courts — which are much more equipped to handle this type of case where new laws are involved,” she wrote on X, formerly known as Twitter.
Proponents and opponents previously said the case could have widespread legal consequences for access to gender-affirming care. Such care includes a range of treatments to support people whose gender identity conflicts with the one assigned to them at birth that can— but does not alway — include hormone therapy or surgeries.
Beth Parlato, a senior legal advisor at the Independent Women’s Forum who attended Mosley’s petition hearing, told the Observer previously the group hoped Mosley’s situation would set “a precedent for other states to duplicate.” Mosley is a “detransition ambassador” for the group, which has been involved in various cases related to transgender rights.
Joshua Jernigan, founder of the Charlotte-area Gender Education Network, said he worried a new legal precedent would make it harder for transgender youth to access gender-affirming care by discouraging doctors from providing such treatments out of fear of being sued.
Mosley said she faces medical complications after receiving hormone therapy at 17 and undergoing a double mastectomy at 18, including chronic pain and fertility problems.
NC Values Coalition General Counsel Mary Summa said in the group’s statement on the latest ruling she expects it to be reversed on appeal because “there are issues of material facts” in the case.
“Even at the time Prisha was given puberty blockers, cross sex hormones and had her breasts surgically removed, there was no substantive evidence showing that these procedures met a standard of care. Furthermore, she was not properly advised as to the consequences of taking these drugs or undergoing surgery,” Summa said.
The American Academy of Pediatrics says there’s “strong consensus among the most prominent medical organizations that gender-affirming care for transgender children and adolescents is medically necessary and appropriate” but adds that “surgical interventions are generally reserved for those over 18 and are exceedingly rare for adolescents.”
The Endocrine Society, which represents physicians and scientists with expertise in the study of hormones, recommends against hormone therapy for pre-pubescent kids but supports hormone therapy for some adolescents diagnosed with gender dysphoria who are old enough to “exhibit physical changes of puberty.” The group also recommends patients be fully briefed on the impacts of hormone therapy on their fertility and meet with mental health professionals.
