October 6, 2022
Sen. Tom Cotton (R-AR) and the House Republican Study Committee, led by Rep. Jim Banks (R-IN), proposed legislation Wednesday that would allow adults to sue doctors who performed gender transition procedures on them as minors.

Sen. Tom Cotton (R-AR) and the House Republican Study Committee, led by Rep. Jim Banks (R-IN), proposed legislation Wednesday that would allow adults to sue doctors who performed gender transition procedures on them as minors.

The Republican lawmakers announced the Protect Minors from Medical Malpractice Act, under which patients or their legal guardians could sue medical providers for declaratory or injunctive relief up to 30 years after the patient turns 18, in addition to compensatory damages, punitive damages, and attorney’s fees.

“Gender-transition procedures aren’t safe or appropriate for children,” Cotton said in announcing the legislation. “Unfortunately, radical doctors in the United States perform dangerous, experimental, and even sterilizing gender-transition procedures on young kids, who cannot even provide informed consent. Our bill allows children who grow up to regret these procedures to sue for damages. Any doctor who performs these irresponsible procedures on kids should pay.”

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The bill defines biological sex as “the genetic classification of an individual as male or female, as reflected in the organization of the body of such individual for a reproductive role or capacity, such as through sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth, without regard to the subjective sense of identity of the individual.”

The legislation also specifies that federal law cannot be construed to force medical practitioners to offer gender transition procedures, in addition to preventing federal funds from going to states that force medical providers to perform them.

“The Biden administration released official guidance recommending irreversible and life-altering surgery for minors too young to apply for a learner’s permit,” Banks said, referencing an executive order signed by President Joe Biden on June 15 that expands access to gender transition treatments and procedures for minors.

“These procedures lack any solid evidence and have been rejected by public health agencies around the world,” Banks added. “Ten years from now, there will be hundreds of thousands of Americans who were permanently scarred by the radical Left’s agenda before they reached adulthood.”

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Provisions of the legislation would only apply to those procedures performed after it became law.

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