WASHINGTON, DC – Several Republican lawmakers have drawn up legislation that, if passed, would allow adults who had received gender transitioning procedures as minors to sue the doctors who performed the act for up to 30 years after their 18th birthday.
The Protecting Minors from Medical Malpractice Act, introduced by Senator Tom Cotton (R-AR) and Rep. Jim Banks (R-IN), was introduced in Congress on Wednesday, and would enable patients or their legal guardians to seek declaratory or injunctive relief – as well as compensatory damages and attorneys’ fees – against the individuals who preformed their medical transitions.
The bill – which, if made law, would only apply to procedures that take place after it is passed – also offers a layer of protection for doctors and other practitioners, as it would prevent federal law from compelling them from carrying out gender-affirming medical procedures, as well as outlawing federal health funding for states that have laws on the books that force doctors to perform transition procedures.
The Protecting Minors from Medical Malpractice Act utilizes a fact sheet put out by the Department of Health and Human Services to define “gender-transition procedures” as being social affirmation at any age, puberty blockers during puberty, cross-sex hormone therapy starting during early adolescence, and irreversible surgery to either breasts or genitalia.
The bill makes allowances for procedures that treat chromosome abnormalities, and defines biological sex on genes and body parts, wholly separate from how one may define their own gender identity.
“Biological sex is the genetic classification of an individual as male or female, as reflected in the organization of the body of such individual for a reproductive role or capacity, such as through sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth, without regard to the subjective sense of identity of the individual,” the bill reads.
Cotton was quoted as saying that gender transition procedures are neither “safe” nor “appropriate” for minors, citing the growing number of individuals who later regret their decision and de-transition later in life.
“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,” Cotton said. “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.”
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