Key Takeaways
- Rep. Marjorie Taylor Greene has introduced a bill that would make it a felony to provide gender-affirming care to minors, including hormone replacement therapy and puberty blockers.
- The bill would also halt gender-affirming surgeries on minors and subject anyone who facilitates or consents to such care to a 10-year sentence or fine.
- The American Civil Liberties Union (ACLU) has deemed this the most extreme anti-trans legislation ever considered by Congress.
- The bill is expected to pass in the House but is unlikely to advance in the Senate, where it would need at least seven Democratic votes.
- LGBTQ+ advocates are deeply concerned about the impact of this legislation on families of trans youth and the mental health of young trans and nonbinary people.
Introduction to the Bill
The bill introduced by Rep. Marjorie Taylor Greene has sparked widespread concern among medical professionals, LGBTQ+ advocates, and families of trans youth. The legislation, which is set to be voted on in the House, would make it a Class C felony to provide gender-affirming care to minors, including hormone replacement therapy and puberty blockers. This would result in a 10-year sentence or fine for doctors who provide such care. The bill also aims to halt gender-affirming surgeries on minors, which is already a rare procedure.
Impact on Medical Professionals
Medical professionals are fearful of the potential consequences of this bill, even though it is unlikely to become law. Kenneth Haller, a professor and St. Louis pediatrician, pointed out that medical communities tend to over-enforce such bills, leading to a chilling effect on reproductive care. He cited the example of anti-abortion bills, which have had a sweeping impact on reproductive care, causing medical professionals to be afraid of being dragged into court or put in jail. This fear could lead to a decrease in the availability of gender-affirming care, even in states where it is still legal.
Threats to Families of Trans Youth
The bill also poses a significant threat to families of trans youth. If passed, it would subject anyone who facilitates or consents to gender-affirming care for minors to a 10-year sentence or fine. This would include parents who take their children to receive such care, as well as medical professionals who provide it. Given that nearly the entire South has banned gender-affirming care for youth, many families are already making long drives to find appointments. Rachel Gonzales, mother to a trans 15-year-old, spoke about the difficulties her family has faced due to anti-trans policies, including having to relocate to another country.
Conflation of Gender-Affirming Care with Female Genital Mutilation
The legislation also seeks to revise the federal statute outlawing female genital mutilation to include gender-affirming care for minors. Advocates who fight against genital mutilation have previously stated that this kind of false conflation is hurting their efforts to protect kids from genital cutting. This conflation is not only misleading but also harmful, as it ignores the significant differences between gender-affirming care and female genital mutilation.
Other Anti-Trans Legislation
In addition to Greene’s bill, another bill seeking to restrict trans health care has been introduced by Rep. Dan Crenshaw. This bill would prevent federal Medicaid dollars from being used to fund gender-affirming care for minors. Eleven states already explicitly exclude transgender health care coverage for patients of all ages in their Medicaid policy, and three other states exclude Medicaid coverage only for minors. LGBTQ+ advocates are concerned about the impact of these bills on the mental health of young trans and nonbinary people, as access to gender-affirming care has been linked to lower rates of depression and suicidality.
LGBTQ+ Advocates’ Concerns
LGBTQ+ advocates are deeply concerned about the impact of these bills on families of trans youth and the mental health of young trans and nonbinary people. Rodrigo Heng-Lehtinen, senior vice president of public engagement campaigns with the Trevor Project, stated that gender-affirming care bans have consequences for youth mental health. He pointed out that many young people have expressed that gender-affirming care has made their lives better and allowed them to lead healthy, happy, successful lives.
Permitting Nonconsensual Genital Cutting of Intersex Infants
Greene’s bill still permits the nonconsensual genital cutting of intersex infants, or people born with variations in their reproductive anatomy. Surgeries performed on intersex infants, including vaginoplasty and clitoral reductions, cause lifelong complications and are often kept secret from the children, who have no ability to consent. This has been a longstanding issue, with state laws banning gender-affirming care around the country explicitly allowing this practice to continue.
Escalation of Anti-Trans Legislation
The introduction of these bills represents a dramatic escalation of anti-trans legislation in Congress. Rep. Sarah McBride, the first transgender member of Congress, rebuked Republicans for advancing anti-trans bills while letting Affordable Care Act tax credits expire, which is expected to raise health care costs for millions of Americans. She pointed out that Republicans are obsessed with trans people and are consumed with this issue, rather than focusing on the fact that they are raiding everyone’s health care.
