GOP bill would allow adults to sue doctors for youth gender transition

Republican lawmakers on Wednesday introduced a bill that would allow adults to sue doctors who performed sex reassignment procedures on them when they were minors.

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

Republican Review Committee (RSC) Chairman, Rep. Jim Banks (R-IN), and Rep. Doug LaMalfa (R-CA) are co-sponsoring the legislation, and Sen. Tom Cotton (R-AR) is leading a Senate version of the law Project. Lawmakers say the legislation aims to help people who suffer from potentially sterilizing gender transition procedures as minors to “seek justice in court.”

Banks said in a statement:

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

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

The Biden administration released several documents in March 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 reassignment treatments for minors and promising to ban “conversion therapy.”

However, claims that these treatments improve mental health and reduce suicides have been challenged in recent reports. The Heritage Foundation and Florida Medicaid found that pro-transgender clinical organizations rely on “low-quality” correlation-based studies, rather than “gold standard” randomized controlled trials (RCTs), to make the case gender-affirming treatments. These pro-transgender clinical organizations are cited as experts by major hospitals, Democrats and the Biden administration.

“Radical gender change ideologies ignore scientific evidence and put children at risk. Every time a doctor performs a gender reassignment procedure on a minor, they are endangering a vulnerable child, potentially sterilizing them for life and breaking their oath to “do no harm,” LaMalfa said in a statement. “I am pleased to join in leading this legislation that will guarantee a private right of action for minors who are subjected to these experimental procedures and will ensure that the federal government cannot force a doctor to perform these procedures.”

The bill defines “sex transition procedures” to include puberty blockers, cross-sex hormones and surgical procedures. The bill would allow adults who underwent these procedures as minors, or their legal guardians, to sue for declaratory relief or an injunction, compensatory damages and attorneys’ fees. It would also provide for a 30-year statute of limitations, although the bill would not apply until after the date of passage.

The text of the bill clarifies that federal law “shall not be construed to require physicians to offer such procedures.” It would also prohibit federal health funds from going to states that require doctors to perform gender transition procedures.

Cotton said:

Gender transition procedures are neither safe nor appropriate for children. Unfortunately, radical doctors in the United States perform dangerous, experimental and even sterilizing gender transition procedures on young children, who cannot even give informed consent. Our bill allows children growing up to regret these procedures to sue for damages. Any doctor who performs these irresponsible procedures on children should pay.

The proposed bill is the latest in a series of GOP-led bills and policies against the infiltration of radical gender ideology into American institutions.


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