The Utah House gave final approval Thursday to a bill blocking doctors from providing gender-affirming care to transgender minors. The House lawmakers passed a bill slightly different than senators sent them earlier this week, meaning state senators will need to vote on the House’s new version of the bill.
And a review by legislative lawyers found that there’s a possibility the bill could be deemed unconstitutional.
Senate Bill 16 bans surgeries on minors if they are intended as part of a sex change. The bill also enacts a moratorium on prescribing hormone treatments for new patients, like puberty blockers, for transgender youth. During that pause, the Utah Department of Health and Human Services will study the scientific data on the use of those medications.
The ban will be effective immediately after Gov. Spencer Cox signs the legislation. In an interview with KSL NewsRadio, Cox said he was prepared to enact the ban. The original version of the bill postponed the ban until May.
Rep. Katy Hall, R-Ogden, said her colleagues have a moral obligation to vote for the bill to protect children from making a permanent decision at a young age.
“We must stand up and protect them. The future of our state, nation and world depends on the young ones we are privileged to serve,” Hall said.
Freshman Rep. Saraha Hayes, D-Salt Lake City, fought through tears as she urged her colleagues to “put a pause” on the bill and focus on the needs of children.
“I think we focus on the transgender part and not the fact that they’re kids. These are our nieces and nephews. These are the kids next door. This is your best friend’s teenager,” Hayes said.
The bill passed with a 58-14 vote.
A legal opinion from legislative lawyers obtained by The Salt Lake Tribune warns there’s a chance the legislation would be found unconstitutional by a federal court for several reasons.
According to the opinion, the ban on hormone therapy for new patients could be problematic since there’s no definite end date. Because of that, a court could decide that it is functionally the same as a ban. Federal courts have blocked similar bans in other states.
Since SB16, sponsored by Sen. Mike Kennedy, R-Alpine, specifically singles out transgender individuals, it could violate the Equal Protection Clause of the Constitution, and federal courts have stopped similar bills in Alabama and Arkansas for that reason.
Utah’s legislation blocks surgeries on minors, such as breast reduction or augmentation, as part of a sex change, while the very same surgeries are permitted for any other reason According to the legal review, a lawsuit could argue the bill discriminates based on sex or transgender identity, and the claim that the government is protecting children from medical procedures is not sufficient.
Legislative lawyers also warn SB16 may trample on a parent’s right to direct their child’s medical care. While parental rights are not absolute, courts have held that any intervention by the state must be based on a compelling interest and have a narrow focus. A federal court found Alabama’s ban did not meet either standard since twenty-two major medical associations endorsed using medications for transitioning.
This story is breaking and will be updated throughout the day.
from The Salt Lake Tribune https://ift.tt/tQ6gWEd
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