A N.C. Senate committee advanced Wednesday a House bill that would restrict how surgical gender transition procedures are performed for children, but only after establishing several exemptions requiring informed parental consent.
The Republican-sponsored House Bill 808 cleared the Senate Health Care Committee along party lines following more than 40 minutes of often emotional discussion among committee members and public speakers.
HB808 is focused primarily on “establishing governing standards for the provision of surgical gender transition procedures” to those under age 18.
The bill still has to go through Judiciary, and Rules and Operations committees before a potential Senate floor vote as the legislature has entered what it expected to be its final weeks of the regular session.
HB808 was approved by a 74-44 vote on May 3 with Democratic Reps. Garland Pierce of Hoke County and Michael Wray of Halifax County in support.
The bill would take effect on Oct. 1 if it becomes law.
A legislative analysis of an amendment to HB808 submitted Wednesday by Sen. Joyce Krawiec, R-Forsyth, directed that medical professionals would be prohibited from: performing surgical gender transition procedures on minors; and prescribing, providing or dispensing puberty-blocking drugs or cross-sex hormones to minors with some exceptions.
Medical professionals determined to be in violation of HB808 would have their licenses revoked.
Minors who underwent a surgical gender transition procedure, or who were prescribed or provided with puberty-blocking drugs or cross-sex hormones, could sue the medical provider who performed the procedure or prescribed and/or provided the drugs.
State funds could not be used for surgical gender transition procedures on minors and prescribing, providing or dispensing puberty-blocking drugs or cross-sex hormones to minors.
Parental rights debate
Krawiec, who was shepherding HB808 during the committee meeting, was asked by Sen. Mujtaba Mohammed, D-Mecklenburg, to explain supporting legislation restricting parental rights toward gender-affirming care, but also supporting expanding parental rights in Republican-sponsored Senate Bill 49 that she co-sponsors.
That bill’s focus is to enhance parents’ rights “to direct the upbringing, education, health care and mental health of their minor children.” SB49 cleared the Senate K-12 Education committee Wednesday.
Krawiec said that in HB808, “parents still have the right to approve (gender affirming care), but there’s criteria that’s laid out for it.”
The amendment establishes a set of exemptions that includes allowing “any course of treatment that was initiated prior to Oct. 1 could be continued or completed provided that a medical professional deemed the continuation or completion to be medically necessary and the parents or guardians consented.”
The Associated Press reports that gender-affirming treatments for gender dysphoria are considered safe and medically necessary by the leading professional health associations, including the American Academy of Pediatrics, the American Medical Association and the Endocrine Society.
Krawiec cited studies that if children experiencing gender dysphoria are allowed to go through puberty, “80% and 67% of them have no further problems and they don’t proceed any further with it as long as they delayed the puberty blocking drugs.”
“Chances are they are going to much better off” having not started the transitioning process, Krawiec said.
Mohammed responded by saying that current law requires informed consent by parents and guardians — including consulting with appropriate health care provider — to proceed with gender-affirming care for their child.
“These are questions about individual liberties and freedoms, deeply personal issues,” Mohammed said.
“Why does the government need to get involved in this access to this particular type of health care?”
Krawiec answered by saying “the state does have a right to protect our citizens, and we want to make sure that they are going through every avenue to make sure we are doing the right thing for our minor children.”
“The state does have a vested interest.”
Arkansas law halted
HB808 was recommended by the committee after a federal judge Tuesday struck down Arkansas’ 2021 ban on gender-affirming care for minors.
U.S. District Judge Jay Moody ruled the nation’s first ban on such care for children violates the U.S. Constitution. The law prohibited doctors from providing gender-affirming hormone treatment, puberty blockers or surgery to anyone under 18. It also prohibited doctors from referring patients elsewhere for such care.
N.C. Sen. Julie Mayfield, D-Buncombe, cited the ruling Wednesday because she said much of HB808’s language is very similar to the Arkansas restrictions.
“I think we know that if we pass this bill, we will be sued,” Mayfield said.
“There is no question about that. This is litigation that is going to proceed in every state that has passed” similar legislation.
According to AP, at least 20 states have enacted laws restricting or banning gender-affirming care for transgender minors.
“I would suggest to us that we have a better way to spend our money, and we let other states fight this fight,” Mayfield said.
“When those are settled, likely at the U.S. Supreme Court, then we can deal with it. Until then, I would encourage us to stay out of families’ lives, and let parents do what they need to do for their child.”
Senate Bill 631
On Tuesday, House Republicans used the gut-and-replace legislation strategy on the Senate version of the transgender sports bill.
Senate Bill 631 was amended to insert language that “prohibits the use of public health-care facilities and state funds for gender transition procedures” on those under age 18.
The latest version of SB631 cleared the House Rules and Operations committee Wednesday.
The bill affects the UNC Health Care System, any health-care institution with affiliation with the UNC System and any local health department.
The proposal would prohibit public health care facilities, including public hospitals and University of North Carolina affiliates, from performing any surgical gender transition procedure on a minor or providing them with puberty-blocking drugs or cross-sex hormones.
Beginning Oct. 1, it would prohibit using state funds to pay for any gender transition procedure.
State Health Plan element
SB631 addresses a federal court ruling that requires the State Health Plan pay for medical treatments, including hormone therapy and surgeries, for transgender individuals.
State Treasurer Dale Folwell opposes the requirement, citing the SHP’s lawsuit “is about requiring taxpayers to fund sex transition procedures.”
The SHP has spent about $356,000 this year through April 30 on treatments for 270 individuals. It projects spending more than $1 million on treatment expenses in 2023, but that amount does not account for paid pharmaceutical claims.
According to the treasurer’s office, the overall projected membership expenditure is $2.79 billion for 2023.
Judge Loretta Biggs of the Middle District of N.C. ruled in June 2022 in favor of plaintiffs in the case of Kadel v. Folwell.
The lawsuit was filed by Lambda Legal and the Transgender Legal Defense & Education Fund in March 2019. Plaintiffs included several transgender people and their parents who sued because a temporary benefit to pay for surgical and hormonal treatments related to gender dysphoria had expired.
Biggs’ order required the state’s health plan to resume coverage.
Folwell appealed Biggs’ ruling to the U.S. Fourth Circuit appeals court in Richmond, Va., which heard oral arguments in January. A hearing before the full court is scheduled for September.
“The facts are on our side, and we hope the Fourth Circuit will apply the law and reverse Judge Biggs’ decision,” Folwell said.
If Folwell’s appeal is successful, the SHP funding requirement would be subject to SB631 restrictions.