South Carolina Governor Signs H.4624 Into Law
Columbia, SC – Governor Henry McMaster signed bill H.4624, known as the 'Help Not Harm' bill, into law on May 21, 2024. This legislation prohibits specific medical interventions for gender transition for individuals under 18. The law bans healthcare providers from prescribing puberty blockers or cross-sex hormones, and performing gender-affirming surgeries on minors for transition purposes. This represents a key development sought by advocates concerned about minors undergoing irreversible medical procedures related to gender identity.
Key Provisions and Penalties
H.4624 imposes significant penalties on medical professionals who violate the ban, including potential disciplinary action by the state medical board, such as license revocation. Furthermore, the law establishes a civil cause of action, allowing individuals to sue medical professionals for damages if they received prohibited procedures as minors, after reaching the age of 18.
- Prohibits prescribing puberty blockers for gender transition in minors.
- Bans cross-sex hormone therapy (testosterone or estrogen) for individuals under 18.
- Forbids gender-affirming surgeries on minors.
- Creates civil liability for medical professionals who violate the law.
- Includes exceptions for minors already receiving hormone therapy prior to Aug 1, 2024 (requiring tapering off by Jan 31, 2025) and for treating medically verifiable sex development disorders.
Governor McMaster's Rationale
Announcing the signing, Governor McMaster stated his intention was to safeguard young people. 'I signed the Help Not Harm bill into law, which protects our state’s children from irreversible gender transition procedures,' he remarked via social media, emphasizing the need to prevent decisions with potentially lifelong consequences before adulthood.
Support for the Legislation
Conservative legislators and advocacy groups strongly supported the bill, framing it as necessary protection for children. Organizations like the Family Policy Alliance commended the state for prioritizing child well-being. Supporters argue the law prevents minors from undergoing medical procedures they may later regret, sometimes citing concerns about what they term 'radical gender ideology'.
Opposition and Concerns Raised
Conversely, LGBTQ+ advocacy organizations, civil rights groups, and numerous medical professionals vehemently oppose the law. Critics argue it denies essential, evidence-based medical care to transgender youth, potentially worsening mental health outcomes, including increased risks of depression and suicide. They assert that decisions regarding gender-affirming care should remain between patients, their families, and medical teams, without legislative interference.
Chase Strangio, Deputy Director for Transgender Justice at the ACLU, condemned the law, stating, 'This law is a cruel attack on transgender youth in South Carolina. It will deny them access to life-saving medical care and send a dangerous message that their identities are not valid.'
Anticipated Legal Challenges
As seen in other states with similar legislation, H.4624 is expected to face significant legal challenges. Opponents, including the ACLU, have already indicated plans to sue. Lawsuits typically argue these bans violate constitutional rights, such as the Equal Protection and Due Process clauses of the Fourteenth Amendment, and interfere with parental rights regarding medical decisions for their children.
The Path Forward
The enactment of H.4624 places South Carolina among a growing number of states restricting gender-affirming care for minors, intensifying the national debate over transgender rights, parental authority, and medical ethics. The law's long-term impact, and the accessibility of care for transgender youth in the state, will likely hinge on the outcomes of forthcoming court proceedings.