search
Sections List
American Journal News

GOP lawmakers push bills that would let parents of trans youth sue health care providers

Conservative state lawmakers want to make it even harder for trans youth to access gender-affirming health care.

By Casey Quinlan - February 01, 2022
Share
Transgender, LGBTQ protest

Lawmakers have introduced 11 new bills restricting gender-affirming health care for transgender minors in eight states so far this year, according to the American Civil Liberties Union’s tracking of legislation that affects LGBTQ rights. Many of the bills allow families of trans minors, along with trans adults who received such care as minors, to sue health care workers for damages. Some of the bills’ provisions also prohibit health insurance or public funds being used to pay for such care.

Gender-affirming care for transgender people can include surgery, hormone treatments, with more or less permanent results, and puberty blockers, which are reversible. All are included in many of the bills, even though surgery for transgender minors is very uncommon.

Dr. Stephanie Ho, a physician in Fayetteville, Arkansas, provides hormone treatments to trans youth. She told ABC News in 2021, “This is not done lightly on the patient or the parent side. This is not done lightly on the provider side.” The American Medical Association’s Journal of Ethics said in 2016 that hormone therapy is a “safe and effective way to improve quality of life and mental health outcomes for transgender adolescents.”

Dr. Jack Turban, currently a fellow at Stanford University, said in an op-ed in the New York Times in 2020:

Just last month, our research team from Harvard Medical School and the Fenway Institute published a study showing that access to puberty blockers during adolescence is associated with lower odds of transgender young adults considering suicide. Despite fearmongering, these are safe medications that doctors have been using for decades for cisgender children who go through puberty too early. They also are reversible — if the medication is stopped, puberty will progress.

It is already challenging for transgender people of all ages to access gender-affirming care in the United States. A 2018 study found that the third most commonly reported barrier to such care was a lack of providers, often requiring people to travel many hours to one outside their area. In some cases, trans youth are placed on very long wait lists.

But lawmakers continue to suggest that such treatments are widespread and in need of serious regulation. Although bills introduced in previous years focused more on criminal penalties and inaccurately labeled parents’ support for transition by their minor children “abuse,” the anti-trans health care legislation of 2022 takes a different approach, experts say.

“I think the language has evolved in accordance with their experience, and I do think that may be why we’re seeing less of the language that’s about ‘child abuse’,” said Cathryn Oakley, senior counsel at the Human Rights Campaign. “I think that feels too shocking, particularly as it has been applied to parents, but also as it’s applied to practicing medicine consistent with best practices and standards of care, that it just feels too far even for folks who would otherwise be sympathetic.”

She added, “I think that’s why they have taken a turn into seeing what they can do about public funding and what they can do about allowing litigation and how they can move this into a private cause of action and away from that idea of criminal penalties.”

Lambda Legal senior attorney Sasha Buchert sees what the LGBTQ rights organization calls the “sue the doctor” approach in many of the bills introduced this year.

This includes Iowa bill H.B. 193, which contains a section on “judicial relief” that says someone harmed by a violation of prohibitions against gender-affirming care for minors can bring a civil action seeking damages “against any person responsible for the violation” for alleged psychological, physical, and emotional harm, as well as for attorney fees and other financial relief.

Under Kentucky’s H.B. 253, punitive damages for violating the ban on care for minors can be based on pain and suffering, loss of reputation, loss of income, and loss of a marriage and shared parenthood.

Oklahoma bill H.B. 3240 prohibits physicians from providing gender-affirming care to trans youth under age 18 as well as from referring them for such care. It provides that a person can seek financial relief in court for violations up to two years after the alleged violation. A trans minor can bring an action through a parent or friend or as an adult up to 20 years after reaching age 18.

The Kentucky and Oklahoma bills also include provisions regarding insurance coverage of gender-affirming care.

The Kentucky legislation requires that no public funds be used to cover gender-affirming care and that any amount paid by an entity or person not be exempt from taxation. No facility owned by the county, local, or state government can provide such care. It also has a provision on Medicaid that reads, “The Department for Medicaid Services and any managed care organization contracted to provide Medicaid benefits pursuant to this chapter shall not reimburse or provide coverage for gender transition.”

Oklahoma’s bill prohibits insurance coverage of transition care for people under age 18; no health benefit plan in the state may reimburse the cost of any such treatments.

Mississippi’s S.B. 2728 also prohibits the use of public funds to pay for gender-affirming care, including reimbursement through the state’s Medicaid program. It states, “A person may assert an actual or threatened violation of this act as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief or any other appropriate relief.”

Lambda Legal’s Buchert said the myriad requirements and methods of enforcement are probably intended to score as many ideological points as possible but also make it harder for lawyers to bring lawsuits against the bills should they pass.

“You’re arguing that it’s unconstitutional on all points. It does make it more difficult … I do think these bills are put together with an eye towards litigation,” she said.

Halfway through 2021, the Human Rights Campaign released a report with a headline that highlighted the “Unprecedented Number of States Enact[ing] Record-Shattering Number of Anti-LGBTQ Measures Into Law,” making the year worst on record for anti-LGBTQ bills in “recent history.” At least 35 of the bills that had been introduced by that point would have stopped transgender young people from receiving gender-affirming care; only one, in Arkansas, was enacted, after the Legislature overrode Republican Gov. Asa Hutchinson’s veto in April. A federal judge halted it from going into effect in July.

Buchert said that the bills introduced in 2022 are clearly unconstitutional: “To deny the same care that other folks are able to access — people need hormone care for all kinds of reasons and other care for all kinds of reasons — and to choose to single out trans people specifically for disfavored treatment is unconstitutional.”

Published with permission of The American Independent Foundation.


Read More
Biden campaign launches new ad focused on Affordable Care Act

Biden campaign launches new ad focused on Affordable Care Act

By Kim Lyons, Pennsylvania Capital-Star - May 08, 2024
Ohio doctors fear effects of emergency abortion care case set to go before U.S. Supreme Court

Ohio doctors fear effects of emergency abortion care case set to go before U.S. Supreme Court

By Susan Tebben, Ohio Capital Journal - April 23, 2024
House GOP votes to end flu, whooping cough vaccine rules for foster and adoptive families

House GOP votes to end flu, whooping cough vaccine rules for foster and adoptive families

By Anita Wadhwani, Tennessee Lookout - March 26, 2024
U.S. House Speaker Johnson says IVF should be protected — just not by Congress

U.S. House Speaker Johnson says IVF should be protected — just not by Congress

By Jennifer Shutt, States Newsroom - March 14, 2024
Idaho bill banning public funds for gender-affirming care goes to Senate

Idaho bill banning public funds for gender-affirming care goes to Senate

By Mia Maldonado, Idaho Capital Sun - March 14, 2024
Alabama passed a new IVF law. But questions remain.

Alabama passed a new IVF law. But questions remain.

By Alander Rocha, Alabama Reflector - March 11, 2024
AJ News
Latest
Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

By Jesse Valentine - May 07, 2024
Trump leaves door open to banning medication abortion nationwide

Trump leaves door open to banning medication abortion nationwide

By Jennifer Shutt, States Newsroom - April 30, 2024
Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

By Jesse Valentine - April 30, 2024
Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

By Marty Schladen, Ohio Capital Journal - April 29, 2024
GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

By Jesse Valentine - April 15, 2024
GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

By Jesse Valentine - March 29, 2024
GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

By Jesse Valentine - March 08, 2024
Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

By Jesse Valentine - March 07, 2024
Anti-China Republicans pocket thousands from Chinese owned conglomerate

Anti-China Republicans pocket thousands from Chinese owned conglomerate

By Jesse Valentine - March 04, 2024
Republican Eric Hovde makes inconsistent statements about family history

Republican Eric Hovde makes inconsistent statements about family history

By Jesse Valentine - February 26, 2024
Republican David McCormick invests millions in website that platforms Holocaust denial

Republican David McCormick invests millions in website that platforms Holocaust denial

By Jesse Valentine - February 09, 2024
Lawmakers will again take up bills expanding, tightening gun laws

Lawmakers will again take up bills expanding, tightening gun laws

By Annmarie Timmins, New Hampshire Bulletin - January 31, 2024
UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

By Ashley Murray, States Newsroom - January 24, 2024
Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

By Jesse Valentine - January 17, 2024
A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

By Bonnie Fuller - January 10, 2024
Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

By Danielle J. Brown, Maryland Matters - January 08, 2024
How GOP senate hopefuls try to excuse the  January 6 insurrection

How GOP senate hopefuls try to excuse the  January 6 insurrection

By Jesse Valentine - January 05, 2024
NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

By Ethan DeWitt, New Hampshire Bulletin - January 04, 2024
Republican US Senate candidates want to make Trump’s tax cuts permanent 

Republican US Senate candidates want to make Trump’s tax cuts permanent 

By Jesse Valentine - December 22, 2023
Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

By - December 15, 2023
Texas governor and attorney general do little to curb state’s chemical plant crisis

Texas governor and attorney general do little to curb state’s chemical plant crisis

By Jesse Valentine - December 08, 2023
Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

By Jesse Valentine - December 07, 2023
Whitmer signs specific criminal penalties for assaulting health care workers into law

Whitmer signs specific criminal penalties for assaulting health care workers into law

By Anna Liz Nichols, Michigan Advance - December 06, 2023
105 Republicans voted to expel Santos for things Trump has also done

105 Republicans voted to expel Santos for things Trump has also done

By Jesse Valentine - December 05, 2023
For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

By Jesse Valentine - December 04, 2023
Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

By Jesse Valentine - November 30, 2023
Tate Reeves took donations from power company that hiked customer rates

Tate Reeves took donations from power company that hiked customer rates

By Jesse Valentine - November 06, 2023
Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

By Jesse Valentine - November 03, 2023
Republican operatives sound every alarm on current trajectory of 2023 governor’s race

Republican operatives sound every alarm on current trajectory of 2023 governor’s race

By Adam Ganucheau, Mississippi Today - October 24, 2023
Biden campaign launches new ad focused on Affordable Care Act

Biden campaign launches new ad focused on Affordable Care Act

By Kim Lyons, Pennsylvania Capital-Star - May 08, 2024
Fate of ‘game changer’ women’s health care bill in hands of Missouri Senate

Fate of ‘game changer’ women’s health care bill in hands of Missouri Senate

By Anna Spoerre, Missouri Independent - May 08, 2024
Republican Kari Lake attacks Democratic opponent with deceitful, inaccurate ad

Republican Kari Lake attacks Democratic opponent with deceitful, inaccurate ad

By Jesse Valentine - April 30, 2024