North Dakota Governor Signs Bill Limiting Access to Gender-Affirming Care for Minors With Felony Penalty

North Dakota Gender-Affirming Care for Minors felony charge House Bill 1254

By E.Baloyo , Parent Herald Apr 21, 05:50 am

Photo: (Photo : KENA BETANCUR / Getty Images)

The enactment of House Bill 1254 by North Dakota Governor Doug Burgum now bars healthcare practitioners from providing gender-affirming treatments and surgeries to individuals below the age of 18 years.

The new law includes a felony charge for healthcare professionals who provide such care to minors.

The bill has generated significant controversy in North Dakota, with advocates for transgender rights decrying it as discriminatory and potentially damaging to the mental health of transgender youth.

On the other hand, some conservative lawmakers in the state have praised the law as a way to protect minors from the life-altering changes of gender reassignment surgeries.

North Dakota Bans Gender-Affirming Care for Minors

The bill, which goes into effect immediately, bars healthcare providers from performing gender-affirming care and procedures on minors under the age of 18, per CNN.

This includes puberty-blocking medication and hormone therapies for the purpose of gender transition.

It is worth mentioning that surgeries are not commonly performed on children and several healthcare providers do not extend this treatment to minors.

The recent legislation contains certain exemptions, specifically for individuals under 18 years of age who were born with a genetically identifiable disorder affecting their sexual development, as confirmed by medical evidence.

Children currently receiving gender-affirming care will still have access to that care under the new law, according to Governor Burgum.

Possible Ramifications of the Law

Under the new legislation, healthcare providers who carry out gender reassignment surgery on minors could face a maximum sentence of 10 years imprisonment and fines of up to $20,000 each.

On the other hand, according to NBC, healthcare providers who provide gender-affirming medication, such as hormone therapy or puberty blockers, to transgender children can be charged with a misdemeanor offense, resulting in up to 360 days of imprisonment and $3,000 in fines.

Transgender youth advocates have expressed concern over the impact the new law may have on the mental health of transgender and non-binary youth in North Dakota.

According to Cody Schuler, who serves as the advocacy manager for the American Civil Liberties Union of North Dakota, this prohibition will not prevent North Dakotans from identifying as transgender.

However, it will deprive them of vital assistance that is crucial for transgender adolescents to develop into successful transgender adults.

Medical associations, such as the American Psychiatric Association, have stated that gender-affirming care is clinically appropriate for children and adults with gender dysphoria, a psychological distress that may result when a person's gender identity and the sex assigned at birth do not align.

Human Rights Campaign Opposing to North Dakota's Laws

The Human Rights Campaign (HRC), which is the largest organization advocating for the civil rights of LGBTQ+ individuals in the United States, has criticized North Dakota Governor Doug Burgum for his endorsement of House Bill 1254.

According to the HRC, this new law now makes North Dakota the 14th state to outlaw gender-affirming healthcare for transgender youths through legislation. Consequently, healthcare practitioners who provide necessary, age-appropriate, and life-saving care, supported by major medical associations, could face criminal charges.

In addition, Governor Burgum approved two more anti-LGBTQ+ bills last week that prevent transgender students from participating in school sports that align with their gender identity.

Furthermore, North Dakota is on track to introduce more anti-LGBTQ+ bills this year than any other state, with several still advancing through the legislative process.