UPDATE: The Senate Health and Human Services Committee voted to send House Bill 1057 to the 41st Legislative Day on Monday, Feb. 10.

House Bill 1057 would criminalize doctors for providing medically necessary care for transgender youth.

This bill would specifically:

  • Codify an extremely restrictive definition of sex as “the biological state of being female or male, based on sex organs, chromosomes, and endogenous hormone profiles.” This could have implications across state law for all youth but particularly for youth who are transgender, youth with intersex variations, and gender non-conforming youth.

  • Make it a Class 1 misdemeanor for any medical providers to perform gender-affirming surgery or to prescribe or provide hormone therapy or hormone blockers to any minor for the purpose of affirming or changing sex. This would cover all recommended medical treatment for transgender youth and adolescents from the beginning of puberty onward.

  • Exempt from the criminal prohibition any surgical or hormonal intervention on a young person with intersex variations, thus allowing for unnecessary “corrective” surgery for intersex babies and youth while banning necessary treatment for transgender youth.

ACLU position 

The ACLU of South Dakota opposes House Bill 1057, a bill that would criminalize doctors for providing medically necessary care for transgender youth. HB 1057 displays a fundamental ignorance about medical treatment for transgender youth. When it comes to pre-pubescent kids there is no medical intervention of any kind and the life saving care is about social transition. No young kids are being forced into treatment (except kids with intersex traits which the bill specifically allows). 

Sponsors

Representatives Deutsch, Beal, Brunner, Chaffee, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Gross, Hansen, Haugaard, Howard, Jensen (Kevin), Johnson (David), Koth, Livermont, Marty, Mills, Miskimins, Mulally, Overweg, Perry, Peterson

Authors

Representative Fred Deutsch

Status

Sent to 41st Day/Did Not Pass

Session

2020

Bill number

Position

Oppose

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