Republicans are introducing legislation that will provide persons who had gender reassignment surgeries performed on them when they were minors with a right to sue medical practitioners who performed the procedure.
Reps. Jim Banks (R-IN) and Doug LaMalfa (R-CA) have introduced the “Protecting Minors from Medical Malpractice Act” in the House. Sen. Tom Cotton (R-AR) is sponsoring the bill in the Senate.
The bill would provide for a private cause of action in court and will have a 30-year statute of limitations after a minor experiences injury.
The bill also prevents federal health funding from being provided to any state that compels medical practitioners to perform gender transitioning procedures.
LaMalfa said in a statement accompanying the bill that “radical gender-changing ideologies ignore scientific evidence and put children in harm’s way.” He added that every such procedure causes a practitioner to break the oath to “do no harm.”
Cotton said that the medical procedures specified in the bill are not “safe or appropriate for children.” He noted the tragic outcomes that often occur because young children “cannot even provide informed consent.”
Cotton added that the bill will allow children who regret irreversible procedures as an adult to sue for damages and that any doctor responsible for “irresponsible procedures on kids should pay.”
Banks also said that the Biden administration released official guidance that recommended the often irreversible and always life-altering surgeries for children too young to even apply for a learner’s permit.
He said that in a decade there will potentially be hundreds of thousands of adult Americans who will have been permanently injured when they were children, and they should be provided with some legal recourse.
Family Policy Alliance Vice President Autumn Leva said that “kids who are hurting and struggling need help, not harm, and that’s why we strongly support” the proposed legislation. She added that children with legitimate gender conflict concerns have been “pressured into transition by politicized medicine” for far too long.
Family Research Council director of Federal Affairs, Family and Religious Liberty Mary Beth Waddell noted how much more devastating the cases of regret over medical transition procedures are when they involve minors. She said the legislation will give those children “a voice and a path to at least a measure of restitution.”