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More States Are Following Texas’ Horrific Lead & Criminalizing Gender Affirming Health Care for Trans Youth

In Alabama and Idaho, it could soon be a felony to provide care for trans youth.

At a protest for transgender rights, a person holds a sign reading "Protect trans kids".
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2021 was a “record-breaking” year in the number of anti-transgender bills introduced in states across the country. At least 30 bills were introduced nationwide attacking transgender health care and basic human rights and civil liberties. And 2022 is already on track to break that record.

In addition to the quantity of bills, Texas’ governor Greg Abbott has taken things to a new level of cruelty in terms of their content by directing Family and Protective Services to start investigating all trans children in Texas and prosecuting their parents as child abusers. Under Abbott’s order, all mandatory reporters (like teachers, nurses and doctors, psychologists, etc) are required by law to report trans youth to authorities or face criminal charges.

It’s an absolutely horrific law so naturally, plenty of Republicans see it as aspirational and are already following suit.

Alabama and Idaho have both introduced bills making it a felony to provide gender-affirming healthcare to transgender youths and teens. In Idaho, the text of the bill specifically says violation would carry a penalty of up to life in prison. Alabama’s bill says a violation would be a class C felony, which can bring up to 10 years in prison.

Both states’ governments are heavily dominated in both chambers and the governorship by Republicans, making these bills likely to pass.

GLAAD writes of Alabama’s law:

The bill could penalize prescribers by a prison sentence or a fine of up to $15,000 if they provide gender-affirming care to transgender minors. Every major medical association supports gender-affirming care for trans youth, calling it evidence-based care that has been studied, with widespread consensus as safe and proven to save lives.

It will also require school personnel, including teachers, counselors, and principals, to out trans youth to their parents or legal guardians. 

And the Human Rights Campaign writes about Idaho:

“It is so disappointing that some politicians in Boise have decided to follow Texas and Alabama down the path of imposing felony criminal penalties upon doctors who are simply doing their jobs. By making it impossible for doctors to provide care for their patients, transgender youth are denied the age-appropriate, best practice, medically-necessary, gender-affirming care that a new study just found reduces the risk of moderate or severe depression by 60% and suicidality by 73%.”

These bills present themselves as preventing “child abuse” and “mutilation,” keeping doctors from performing surgeries on young children and teens—a thing that does not currently happen. They also prohibit the use of hormones to delay puberty in teens and tweens, which is a straightforward, entirely reversible process, no matter what the scaremongering Fox News personalities and Republican lawmakers try to say.

These bills are about control, and as trans activist Jessica Fuller told GLAAD, there is zero chance that these sorts of restrictions stay limited to transgender people once they gain traction.

“This won’t just hurt trans people, it’ll hurt anyone who needs hormones for whatever reason. Whether intersex, birth control, diabetes, or any other hormone disorder. They will all be affected and many will die,” Fuller said.

These are just a few of the harshest, most restrictive, and most punitive bills being considered by state legislators but there are dozens upon dozens of other bills up for consideration this year barring transgender youths as well as adults from bathrooms, sports leagues, healthcare access, and more.

The Trans Formations Project has a volunteer-driven database tracking anti-trans legislation so you can stay up to date on what’s happening in your state. It also has resources for contacting your representatives.

(image: Scott Olson/Getty Images)

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Author
Vivian Kane
Vivian Kane (she/her) is the Senior News Editor at The Mary Sue, where she's been writing about politics and entertainment (and all the ways in which the two overlap) since the dark days of late 2016. Born in San Francisco and radicalized in Los Angeles, she now lives in Kansas City, Missouri, where she gets to put her MFA to use covering the local theatre scene. She is the co-owner of The Pitch, Kansas City’s alt news and culture magazine, alongside her husband, Brock Wilbur, with whom she also shares many cats.

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