In the latest blow to transgender people’s rights, a proposal to ban physicians from performing gender-affirming surgeries or prescribing puberty-blocking hormones for transgender youth has cleared the South Dakota House State Affairs Committee by an 8-5 vote as of Wednesday, Jan. 22. The bill, known as HB 1057, makes it a misdemeanor crime for physicians (though not nurses or medical assistants) to perform these medical procedures on people under 16 years old. The stakes are high, as the bill argues for the punishment of up to a year in jail and a fine not exceeding $2,000 for doctors, reports The Washington Post. An earlier version of this bill wanted to make it a felony.
Mind you, a new study in the medical journal Pediatrics just came out today on the topic of transgender youth and puberty blockers. The findings? Transgender youth who are able to access puberty blockers report lower levels of mental health issues, including suicidal ideation.
Republican Rep. Fred Deutsch, who sponsored the bill, incorrectly suggests such treatments are “harmful” for youth. He also took to Twitter to suggest this is all about “protecting children.”
There is nothing controversial about this situation. Transgender people—including transgender youth—are entitled to private, gender-affirming healthcare as much as everyone else. A recent report shows that acceptance from adults (yes, simple acceptance) is linked with a reduced suicide attempt rate in LGBTQ teenagers. Transgender youth report higher rates of anxiety, depression, and substance abuse. Transgender youth are more likely to become homeless, leave high school without diplomas, and be evicted from their homes. As previously covered at Daily Kos, transgender patients have a hard time accessing healthcare as it is, much less with laws actively working against them.
This is not a matter of controversy, hysteria, or equally-valid-yet-opposing points of view. Denying transgender youth gender-affirming healthcare is simply inhumane.
Gov. Kristi Noem’s spokesperson declined to tell The Daily Beast whether she would veto the bill, as she doesn’t comment on draft legislation.
Luckily, if the bill becomes law in South Dakota, that won’t be the end of the fight.
“By blocking medical care supported by every major medical association, this legislation represents a callous disregard for the health and wellness of South Dakota’s transgender youth, some of the most vulnerable people in our state,” Heather Smith, executive director of the ACLU of South Dakota said, as reported by local outlet KSFY. “We want South Dakotans to know that we are investigating all of our legal options. If this bill becomes law, it will be challenged. We will see you in court.”
Though South Dakota has an enormous Republican majority at 59-11 in the state legislature, it isn’t the only state that’s testing the limits of transphobic legislation. South Carolina has tried similar moves, as have Kentucky and Georgia. The South Dakota House is expected to take up the bill next week.