Republican Bill Would Allow Adults to Sue Doctors for Youth Sex Transition

transgender
Getty Images/Motortion
Katherine Hamilton

Republican lawmakers introduced a bill Wednesday which would allow adults to sue doctors who performed sex-change procedures on them as minors.

The legislation, titled Protecting Minors from Medical Malpractice Act, was created in response to the Biden administration’s promotion of puberty blockers, cross-sex hormones, and sex-change surgeries for minors who believe they are the opposite sex.

Republican Study Committee (RSC) Chairman Rep. Jim Banks (R-IN) and Rep. Doug LaMalfa (R-CA) are cosponsoring the legislation, and Sen. Tom Cotton (R-AR) is leading a Senate version of the bill.  Lawmakers say the legislation is meant to help individuals who suffer from potentially sterilizing sex-transition procedures as minors “seek justice in court.” 

Banks said in a statement:

The Biden administration released official guidance recommending irreversible and life-altering surgery for minors too young to apply for a learner’s permit. These procedures lack any solid evidence and have been rejected by public health agencies around the world. Ten years from now, there will be hundreds of thousands of Americans who were permanently scarred by the radical left’s agenda before they reached adulthood.

“If Democrats truly supported gender-confused children, they’d support our effort to give them legal recourse,” he continued.

The Biden administration in March released several documents promoting transgender sex-reassignment surgeries and hormone treatments for children, calling the measures “crucial to overall health and well-being.” Last week, President Joe Biden signed executive orders, again promoting sex-change treatments for minors and promising to ban “conversion therapy.” 

However, claims that these treatments improve mental health and reduce suicides have been disputed in recent reports. Both the Heritage Foundation and Florida Medicaid found that pro-transgender clinical organizations are relying on “low quality” studies based on correlation, rather than “gold standard” randomized controlled trials (RCT), to advocate for “gender-affirming” treatments. These pro-transgender clinical organizations are being cited as experts by large hospitals, Democrats, and the Biden administration.

“Radical gender changing ideologies ignore scientific evidence and put children in harm’s way. Every time a doctor performs a gender-transitioning procedure on a minor, they endanger a vulnerable child, potentially sterilize them for life, and break their oath to ‘do no harm,” LaMalfa said in a statement. “I’m pleased to join in spearheading this legislation which will ensure a private right of action for minors who are subject to these experimental procedures and ensure that the federal government cannot force a medical practitioner to perform these procedures.”

The proposed legislation defines “gender-transition procedures” to include puberty blockers, cross-sex hormones, and surgical procedures. The bill would allow adults who had these procedures performed on them as minors, or their legal guardian, to sue for declaratory or injunctive relief, compensatory damages, and attorney’s fees. It would also provide a 30-year statue of limitation, though the bill would only be applicable after the date of passage.

The bill’s text clarifies that federal law “cannot be construed to force medical practitioners to offer such procedures.” It would also prohibit federal health funds from going to states that force medical practitioners to perform sex-transition procedures. 

Cotton said:

Gender-transition procedures aren’t safe or appropriate for children. Unfortunately, radical doctors in the United States perform dangerous, experimental, and even sterilizing gender-transition procedures on young kids, who cannot even provide informed consent. Our bill allows children who grow up to regret these procedures to sue for damages. Any doctor who performs these irresponsible procedures on kids should pay.

The proposed bill is the latest in a string of GOP-led bills and policies counteracting the infiltration of radical gender ideology in America’s institutions.

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