Utah is likely to become the first state to ban gender-affirming health care for transgender minors this year.
the utah senate passed a bill on Friday that would bar minors from receiving gender-affirming surgeries and place an indefinite moratorium on their access to puberty blockers and hormone therapy.
The bill, which the Utah House of Representatives approved Thursday, would be prospective, so minors who were diagnosed with gender dysphoria before the bill’s effective date of May 3, 2023, would still they could receive care if they meet a list of requirements.
The bill now heads to the desk of Gov. Spencer Cox, who last year became the second Republican governor to veto a bill banning transgender students from playing female sports.
In an emotional letter about his veto, Cox cited research on high risk of suicide among trans youth and additional research that has found that acceptance reduces the risk of suicide.
“I don’t understand what they are going through or why they feel this way. But I want them to live,” she wrote. “And all the research shows that even a little bit of acceptance and connection can significantly reduce suicidality.”
but cox he told local news station Fox 13 on Thursday, after the House passed the gender-affirming care ban, which did not plan to veto the bill. His office did not immediately respond to a request for additional comment.
State Sen. Michael Kennedy, a Republican who sponsored the bill and a family physician, told colleagues at a hearing last week that gender-affirming treatments «lack sufficient long-term research,» according to KUER local radio station.
“But still, our country is witnessing a radical and dangerous push to get children into this version of health care,” he said.
State Sen. Daniel Thatcher, one of Kennedy’s fellow Republicans, disagreed and was the only Republican to speak out against an earlier, albeit similar, version of the bill last week. KUER informed. He argued that while he and his colleagues might not understand gender-affirming care, «every credible medical organization on the planet says that’s the safest, best, most appropriate care to save those lives.»
Accredited medical organizations, including the American Medical Associationthe American Academy of Pediatrics and the American Psychological Association — have supported such care for minors.
Thatcher added that the bill could face legal challenges because it only bans care for transgender people, but does not ban care for children who might need it for other reasons. KUER informed. The bill provides exemptions for intersex minors, for minors experiencing early puberty, and for those who have «medically necessary» reasons that do not include treatment for gender dysphoria.
A judge blocked a similar law in Arkansas last year pending the outcome of a lawsuit, during which lawyers for the American Civil Liberties Union argued that such bans on caregiving are discriminatory, using reasoning similar to Thatcher’s.
Thatcher, who is recovering from multiple strokes, he was absent of the Senate vote on Friday.
A crowd of protesters gathered outside the Utah Capitol Tuesday ahead of a committee hearing on the bill, during which several transgender teens spoke out against it.
Bri Martin, editor of the West High School student newspaper, described gender-affirming care as «nothing less than a lifeline,» the Salt Lake Tribune reported.
“My family and I were spared the painstaking and arduous task of transitioning into adulthood,” Martin said. “I would like to make it clear that regardless of the opposition, transition was always the only option for me. I deserve a body to be proud of.»
In addition to barring access to care for minors who do not already receive it, the bill would also require the state’s Division of Professional Licensing to create certification for those who provide hormone treatment to minors. The certification process would require “at least 40 hours of education related to transgender healthcare for minors from an approved organization,” and providers would have to obtain this before they can continue to provide such treatment.
Also directs the state Department of Health and Human Services to conduct a systematic review of the medical evidence regarding hormonal treatments for transgender people and provide recommendations to the Legislature, but does not require the Legislature to review the indefinite moratorium on aftercare for the review to be completed. .
The bill also allows minors to sue medical providers for gender-affirming healthcare negligence if the minor “later disavows consent” before their 25th birthday.
Cathryn Oakley, state legislative director and senior adviser to the Human Rights Campaign, a national LGBTQ advocacy group, condemned the bill and urged Cox to veto it.
“Today, Utah legislators capitulated to extremism and fear, and in doing so, blatantly put at risk the lives and well-being of Utah youth, transgender youth who are simply trying to live life as themselves,” he said. Oakley. , in part, in a statement on Friday. “Every parent wants and deserves access to the highest quality healthcare for our children.”