Among the unfortunate changes of recent years has been the transformation of the American Civil Liberties Union from an advocate for free speech and other individual rights into just another progressive political organization. Historically, despite much pushback, the group defended the right of people from across the political spectrum to advocate and protest. But the organization has become unreliable on the issue; most recently in the very 21st century debate over gender identity, which sees the ACLU of Missouri targeting a whistleblower who is critical of medical transitions for minors.
“Strange evening,” journalist Jesse Singal wrote March 7 on X (formerly Twitter). “The ACLU of Missouri subpoenaed Jamie Reed, demanding (among other stuff) all her communications w/me. I emailed them saying (politely) wtf, you’re the ACLU. Got a call from a lawyer there saying it was a mistake – ‘It’s a big team.’ Okay.”
The subpoena Singal attached (supposedly since modified, though a redacted version of the original remains publicly available through the Missouri courts website) demanded of Reed “all communications, including any documents exchanged, between you and Jessie Singal concerning Gender-Affirming Care provided at or through the Center.” It also sought “all communications, including any documents exchanged, concerning Gender-Affirming Care involving media or between you and any media outlet or any member of the media” (journalist Benjamin Ryan says that would include him). The subpoena also demanded Reed’s communications with state officials, legislators, and advocacy organizations.
Jamie Reed, it should be noted, isn’t a party to the case behind the subpoena, which is a challenge to Missouri’s 2023 ban on “gender transition surgery” and “cross-sex hormones or puberty-blocking drugs” for minors. But she was a motivator for that legislation as a former staffer at the Washington University Transgender Center at St. Louis Children’s Hospital who developed significant doubts about what she believed to be a lack of safeguards in place regarding permanent changes to children’s bodies and lives. In a widely read piece for The Free Press, she described such interventions as “medically appalling.”
Whether you agree with Reed or not, she’s a sincere advocate for a position on an issue that commands attention and has serious policy implications. Just this month, New York magazine published a piece arguing that minors have an absolute right to change their bodies, while Britain’s National Health Service stopped prescribing puberty blockers for children in gender identity cases because of doubts about their safety or effectiveness. Reed is engaged in public debate of the sort that civil libertarians defend, so it’s bizarre to see the ACLU of Missouri putting the screws to her over her advocacy. Or it would be if the ACLU wasn’t undergoing a painful and very public transformation.