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This newspaper has consistently criticized Missouri’s Republican political leaders for a blatantly unconstitutional state law declaring certain federal gun restrictions unenforceable in the state. That’s simply not how it works; federal law supersedes. It would be inconsistent, then, to suggest that St. Louis could simply declare Missouri legislation against transgender citizens unenforceable in the city — which is why Mayor Tishaura Jones’ approach is a better one.
The executive order Jones signed last week doesn’t take the legally doomed approach of presuming to invalidate state legislation that harasses transgender people regarding medical care and sports participation. Instead, it counterbalances the effects of that legislation by providing support services for trans citizens.
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Missouri’s 2021 “Second Amendment Preservation Act” is mainly designed to let the Legislature’s Republican majority play to its gun-culture base. It threatens to fine any police agency in Missouri that enforces any federal gun laws that don’t have an equivalent in state law. This has made Missouri-based law enforcement hesitant to work with their federal counterparts for fear of running afoul of the statute, thus endangering public safety. Luckily, the law is headed for probable overturn in the courts under the core constitutional principle of federal supremacy.
There is a parallel relationship between state and local policies: When they are in conflict, state law supersedes. That would include two cynical bills awaiting Gov. Mike Parson’s signature that would restrict transgender minors from receiving gender-affirming medical care or participating on school sports teams that don’t align with the gender on their birth certificates. The gender-sports issue is such a rarity in the real world as to render the legislative focus on it ridiculous, while gender-affirming health care involves complex medical and family issues that politicians have no business interfering with. These are mean-spirited attacks on a tiny minority in order to stoke the political right.
Jones’ order could provide real protection for trans kids without a counterproductive direct challenge to state statutes. It orders the city health department to organize a summit for providers to discuss best practices under the expected new law and disseminate information on access gender-affirming care. It orders the designation of at least one bathroom in every city administration building as all-gender and calls for city employee training on “gender identity inclusivity.” It directs city economic development experts to recommend ways to incentivize businesses to support gender inclusivity. Regarding the sports issue, it simply declares that city-run sports programs won’t ask participants their gender identity.
What’s notable about Jones’ order — in addition to not giving state lawmakers much if anything to hang a legal challenge on — is that it takes a supportive approach to the issue. A fair-minded public, both in and out the city, should note the contrast with the outright malice of the state legislation.
