South Dakota Gov. Kristi Noem has signed a bill prohibiting people under 18 from accessing gender-affirming health care treatments into law.
Under the bill, which was passed by both chambers of the state legislature on party-line votes, doctors are prohibited from prescribing any health care treatment for gender dysphoria, or that would “alter the appearance of” a minor’s body or “validate a minor’s perception of” a gender identity that does not match their assigned sex at birth.
The bill makes South Dakota the sixth state to place some type of restrictions on gender-affirming health treatments intended to assist a person in transitioning.
That includes interventions like puberty blockers, hormone therapy, and gender confirmation surgery — although experts note that surgery is already rarely performed on minors.
Supporters of the bill say it’s needed to protect young people from making irreversible medical decisions that they may later come to regret once they “grow out of” their feelings of gender dysphoria.
But opponents of the bill, including health care providers and most major medical organizations, argue that some less invasive gender-affirming treatments are beneficial to trans-identifying youth and can reduce feelings of suicidal ideation.
“South Dakota’s kids are our future,” Noem said on Monday after signing the bill. “With this legislation, we are protecting kids from harmful, permanent medical procedures. I will always stand up for the next generation of South Dakotans.”
Opponents have also criticized the bill for overstepping and infringing on personal health care decisions and parental rights by inserting the state into private, family decisions.
They also accuse Noem of pushing divisive legislation to make herself a more appealing candidate to social conservatives ahead of a possible 2024 run for the presidency.
“This ban denies transgender and nonbinary youth crucial support and care. Even in the face of professional guidance from every major medical and mental health association in the country that supports this type of care, politicians are intruding into the private medical decisions best left to transgender young people and their families,” Casey Pick, the director of law and policy for The Trevor Project, the nation’s largest LGBTQ suicide prevention group, said in a statement.
“We are committed to keep fighting for the rights of young trans South Dakotans to access the best-practice, medically necessary health care they need to survive and thrive. We are here for you and we aren’t going anywhere,” Pick added.
According to The Trevor Project’s 2022 U.S. National Survey on LGBTQ Youth Mental Health by State, 53% of LGBTQ youth in South Dakota seriously considered suicide, with about 1 in 5 attempting to kill themselves. Nationally, about 7 in 10 transgender or nonbinary youth say they’ve experienced discrimination due to their gender identity — a factor that can affect a person’s decision to contemplate suicide.
Additionally, polling by The Trevor Project finds that 86% of trans and nonbinary youth say recent debates over anti-LGBTQ bills, like measures to ban gender-affirming care, have negatively impacted their mental health.
However, advocates point to a 2021 peer-reviewed study by The Trevor Project that indicates that gender-affirming care may actually reduce suicidal ideation.
The study, which examined 9,000 youth who received gender-affirming care, found that trans and nonbinary youth who received such treatments were 40% less likely to report feeling depressed or having attempted suicide in the past year than their peers who did not receive such treatments.
Lawmakers in the Montana House of Representatives defeated two anti-LGBTQ bills last week after the chamber's transgender and nonbinary representatives gave impassioned speeches protesting the measures.
State Rep. Zooey Zephyr (D-Missoula), the legislature's first out transgender representative, spoke out against House Bill 675, sponsored by Rep. Caleb Hinkle (R-Belgrade), which sought to ban drag performances and Pride parades in Montana.
Hinkle previously sponsored a ban on public performances of a "sexual nature" that was specifically intended to target drag shows and Drag Queen Story Hour-type events (even if they do not contain sexually explicit content).
Montana Gov. Greg Gianforte signed two anti-transgender bills into law, one of which bars transgender people from public restrooms matching their gender identity and the other banning transgender women and girls from female-designated sports teams.
The laws were passed on party-line votes in both legislative chambers, with Republicans voting in the affirmative.
The first law requires public schools, correctional facilities, other public buildings -- including the state Capitol -- and domestic violence shelters to designate bathrooms, changing facilities, and sleeping areas for a single sex -- male or female. Entry to such spaces will be based on a person's assigned sex at birth, as determined by a person's chromosomal makeup.
U.S. Rep. Sarah McBride (D-Del.), the first openly transgender person ever elected to Congress, has reportedly cautioned Democrats about the need to foster conversations when it comes to engaging with those who have reservations about certain issues like transgender participation in sports.
"We have to create more space in our tent," McBride told NOTUS about how Democrats should approach people with reservations or genuine questions about transgender inclusion. "If, for instance, we want to have a majoritarian coalition -- not just electorally, but specifically on issues around trans rights -- that, by necessity, is going to have to include people who have a range of thoughts.
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