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North Dakota Governor Burgum Signs Bill Restricting Gender-Affirming Care for Minors

North Dakota Governor Doug Burgum signs legislation restricting access to gender-affirming surgeries and hormone treatments for minors. The law has drawn support from some groups citing child protection and opposition from medical and LGBTQ+ advocates.

Governor Burgum Signs Bill Restricting Minor Access to Gender-Affirming Care

Governor Burgum Signs Bill Restricting Minor Access to Gender-Affirming Care

BISMARCK, ND – North Dakota Governor Doug Burgum signed House Bill 1254 into law, prohibiting most gender-affirming care, including surgeries and hormonal treatments, for individuals under 18. The legislation passed both houses of the state legislature and was signed by the Governor on April 19, 2023. Supporters cite concerns about the permanence of such medical interventions for minors, while opponents argue it restricts necessary healthcare access.

The law prohibits healthcare providers from performing gender-affirming surgeries or prescribing puberty blockers and hormone therapies to minors, with limited exceptions for those already receiving treatment before the law's enactment and specific intersex conditions.

Key Provisions of HB 1254

House Bill 1254 specifically bans medical professionals in North Dakota from providing gender transition procedures to minors. This includes surgical procedures like mastectomies or hysterectomies for gender transition, as well as prescribing puberty-blocking medications and cross-sex hormones. Healthcare professionals found in violation may face felony charges and potential revocation of their licenses.

Healthcare professionals violating this law could face felony charges and the loss of their medical license.

Support for the Legislation

Support for the Legislation

Upon signing the bill, Governor Burgum emphasized the state's position on protecting children from what proponents view as irreversible medical decisions made before adulthood. Supporters, including various conservative and parental rights groups, echo these sentiments, arguing the law safeguards minors from procedures with long-term physical and psychological consequences they may not fully comprehend.

A statement from a supporting advocacy group noted, 'This legislation affirms the importance of protecting children's health and well-being by ensuring that life-altering medical interventions are reserved for adulthood.'

Opposition and Concerns Raised

The law has drawn significant criticism from major medical associations, LGBTQ+ advocacy organizations like the ACLU, and human rights groups. Opponents argue that it denies evidence-based, medically necessary care to transgender youth, potentially worsening mental health outcomes and increasing suicide risk. They assert that decisions regarding gender-affirming care should involve minors, their parents, and medical teams, adhering to established standards of care, rather than being dictated by legislation.

Critics maintain that individualized medical decisions, made in consultation with healthcare professionals and families, are crucial for the well-being of transgender youth.

National Context and Legal Landscape

North Dakota is one of numerous states enacting laws restricting or banning gender-affirming care for minors. These laws frequently face legal challenges, with lawsuits arguing they are discriminatory and violate constitutional rights, including equal protection and due process. The outcomes of these court battles may establish broader legal precedents concerning access to transgender healthcare nationwide.

Future Implications in North Dakota

Future Implications in North Dakota

The implementation of HB 1254 significantly impacts transgender minors and healthcare providers in North Dakota, potentially forcing families to seek care out of state. The law may also influence future legislative efforts concerning LGBTQ+ rights and healthcare access. Ongoing legal challenges to similar laws in other states will be monitored closely for their potential impact on North Dakota's statute.