Texarkana Gazette

Senate panel OKs gender suits bill

SB199 allows person having procedure as a minor to sue

- WILL LANGHORNE

A bill that would allow a person who received a “gender transition procedure” as a minor to sue the health profession­al who performed the procedure was endorsed by a Senate panel Monday.

Senate Bill 199, by Sen. Gary Stubblefie­ld, R-Branch, passed in a voice vote in the Senate Committee on Judiciary with audible dissent from Sen. Clarke Tucker, D-Little Rock.

Stubblefie­ld said his bill is needed to protect children from “gender transition procedures” including puberty blockers and reassignme­nt surgeries, which he characteri­zed as “chemical castration” and “mutilation.”

Legal action under the legislatio­n could be taken within 30 years of the minor turning 18 or within 30 years of when the minor would have turned 18 if the minor died before turning 18. The current statute of limitation­s for most medical malpractic­e cases in Arkansas is two years, according to state law.

Supporters questioned the ability of minors to consent to procedures covered by the bill and noted the legislatio­n would not outlaw “gender transition procedures” but would provide legal recourse for those who receive the procedures.

Opponents of the bill argued it would unfairly limit treatments for transgende­r people, especially those with mental illness, and could violate the equal protection clause of the U.S. Constituti­on. Critics also noted state code already includes medical malpractic­e laws.

Stubblefie­ld’s bill defines a “gender transition procedure” as medical procedures that aim to alter “or remove physical or anatomical characteri­stics or features that are typical for the individual’s biological sex.” Procedures covered by the bill also include those seeking to instill “or create physiologi­cal or anatomical characteri­stics that resemble a sex different from the individual’s biological sex.”

The bill specifical­ly points to “puberty-blocking drugs,” “cross-sex hormones” and “genital or nongenital gender reassignme­nt surgery.”

When presenting his bill, Stubblefie­ld objected to how he perceived physicians throughout the United States use these treatments and said at least one doctor “explained that attempting to change someone’s sex creates a permanent patient.”

Stubblefie­ld said physicians performing “gender transition procedures” were “putting money ahead of our children” in a “lucrative, lucrative business.”

He pointed to other countries including the United Kingdom, Sweden and Finland where institutio­ns had stopped offering services “because it wasn’t working out like they had planned. These children were not responding like they had planned.”

Opponents speaking against the bill later objected to Stubblefie­ld’s assessment of gender transition care offered in Europe.

Under the bill, a health care profession­al who performs a “gender transition procedure” is liable to the minor if the minor is “injured, including without limitation any physical, psychologi­cal, emotional, or physiologi­cal injury, by the gender transition procedure, related treatment, or the after-effects of the gender transition procedure or related treatment.”

A minor injured by a “gender transition procedure” or a representa­tive for the minor would be permitted by the bill to bring a civil action against the health profession­al for declarator­y or injunctive relief, compensato­ry damages, punitive damages and attorney’s fee and costs.

The bill includes a “safe harbor” section, which would provide health care profession­als with a defense against legal action. Among other requiremen­ts, health care profession­als would have to document a minor’s “perceived gender or perceived sex for two (2) continuous years” and receive the voluntary and informed consent of the minor and their parents before performing a procedure.

For minors who “suffered from a mental health concern,” at least two health care profession­als, including at least one mental health profession­al, would have to certify in writing that “the gender transition procedure was the only way to treat the mental health concern.”

At least two profession­als, including at least one mental health profession­al, also would have to certify in writing that “the minor suffered from no other mental health concerns, including without limitation depression, eating disorders, autism, attention deficit hyperactiv­ity disorder, intellectu­al disability, or psychotic disorders.”

When asking questions about the bill, Tucker drew comparison­s between Stubblefie­ld’s bill and an Arkansas law passed by the Legislatur­e in 2021 that bans gender affirming care for minors.

The law led to an extended legal battle culminatin­g in a trial that concluded in December. The judge in the case has not yet issued a ruling.

Tucker noted the physicians in Arkansas performing care regulated by the law testified that there were approximat­ely 20 children per year who receive this care. In all cases, parents were involved, Tucker said.

Tucker also pointed to testimony from medical organizati­ons, including the American Medical Associatio­n and the American Academy of Pediatrics, that called treatments safe if properly administer­ed.

“We’re painting with a very broad brush when we use terms like child abuse and mutilation,” he said. “There’s not one case in Arkansas history, nor could anyone point to today, of gender reassignme­nt surgery for a minor.”

Stubblefie­ld said it was hard to know how prevalent these types of surgeries, or any surgeries, were in Arkansas.

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