Some medical providers are dropping continuing gender-affirming care for minors, even though it remains legal
As Republican-led states have rushed to ban gender-affirming for minors, some families with transgender children found a bit of solace: At least they lived in states that would allow those already receiving puberty blockers or hormone therapy to continue.
Since last year, conservative lawmakers and governors have prioritized restricting access to transgender care under the name of protecting children. At least 22 states have now enacted laws restricting or banning gender-affirming medical care for transgender minors. Most of the bans face legal challenges and enforcement on some of them has been put on hold by courts.
James Thurow said the treatment at the Washington University center changed everything for his stepson, a 17-year-old junior at a suburban St. Louis high school who is earning As and Bs instead of his past Cs, has a girlfriend and a close group of friends. Both blamed a section of the law that increased the liability for providers. Under it, patients can sue for injury from the treatment until they turn 36, or even longer if the harm continues past then. The law gives the health care provider the burden of proving that the harm was not the result of hormones or puberty-blocking drugs. And the minimum damages awarded in such cases would be $500,000.
Providers there have simply stopped gender-affirming care, said Brittany Stewart, a lawyer at Gender Justice, which is suing over the ban in the state. “To protect themselves from criminal liability, they’ve just decided to not even risk it because that vague law doesn’t give them enough detail to understand exactly what they can and cannot do,” Stewart said.
“It’s hard to overstate the level of kind of chaos and stress and confusion it’s causing on the ground,” she said, “particularly ... for people who live in more rural communities or places where even before a law went into effect, it still took quite a bit of effort to get this care.”