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Utah will be the first state to ban gender-affirming youth care in 2023

by Ana Lopez
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Utah Republican Governor Spencer Cox signed into law Saturday banning hormone therapy or other forms of gender-affirming health care for minors who identify as a different gender.

The big picture: Overall, this is part of a growing tide of anti-trans legislation, much of it targeting youth, and follows similar measures taken in other states under Republican control.

Details: State Senator Michael Kennedy (R-Alpine), a family physician, has proposed Senate Bill 16 to ban sex reassignment surgeries and puberty blockers for transgender minors.

  • A more restrictive version of the bill than the one Kennedy presented to the Senate last week. Puberty inhibitors were banned in the original version of the legislation.
  • On Friday, Kennedy predicted the bill would be challenged in court.
  • Before the bill was finally approved by the Senate, he expressed concern that he would spend the rest of his political career on it.

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Utah will be the first state to ban gender-affirming youth care by 2023
Utah will be the first state to ban gender-affirming youth care in 2023

Other initiatives in the state legislature are also aimed at protecting the rights of transgender youth, such as one that would make it illegal for minors to change their gender on official documents such as birth certificates.

According to Cox’s statement issued after the bill was signed: “While not a perfect bill, we are grateful for Senator Kennedy’s more nuanced and thoughtful approach to this terribly divisive issue,”

  • “More and more experts, states and countries around the world are pausing these permanent and life-changing treatments for new patients until more and better research can help determine the long-term consequences.”
  • In addition, “We will continue to push the legislature for additional funding for organizations dedicated to helping this important Utah community,” he said.

Yes but: Respected medical groups such as the American Medical Association have expressed concern about the mental health impact of such bans on transgender youth, who are already at increased risk of suicide.

  • More than two-thirds of LGBTQ youth reported negative effects on their mental health as a result of discussions of state laws specifically targeting transgender people in a January 2022 Trevor Project survey.
  • “We see you and we love you beautiful children,” Senate Majority Leader Luz Escamilla (D-Salt Lake City) said, suppressing her emotions as she explained she had not voted.
  • At a press conference Friday, ACLU of Utah director Brittney Nystrom said the bill is “riddled with numerous constitutional issues”, and urged Cox to veto it.

It’s worth mentioning that this bill follows a law passed by the state legislature about a year ago that made it illegal for transgender girls to participate in sports teams that match their gender identity.

  • Implementation of the law has been suspended pending a ruling on an appeal to the Utah Supreme Court.

As state legislative sessions begin in 2023, lawmakers have introduced more than two dozen bills addressing transgender health care.

Utah will be the first state to ban gender-affirming youth care by 2023 (1)
Utah will be the first state to ban gender-affirming youth care by 2023 (1)
  • Justice Department officials have expressed concern that “federal constitutional and legal provisions protecting transgender youth from discrimination” could be violated if youth are denied access to necessary medical care.
  • The Justice Department later filed a lawsuit against Alabama over the ban, which made it illegal to provide transgender minors with certain types of care they would otherwise be entitled to.

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