This bill creates a federal private right of action for people who were under 18 when they received a gender-transition procedure. It says a medical practitioner who performs such a procedure on a minor can be sued if the person is injured. Injuries include physical, psychological, emotional, or physiological harms. The bill defines gender-transition procedures to include puberty-blocking drugs, cross-sex hormones, and surgeries intended to change the body to match a person’s subjective sense of identity. The bill lists exceptions for people with certain ambiguous biological sex characteristics (intersex conditions), treatment of infections or harms caused by a prior intervention, and emergency procedures needed to prevent death or major bodily harm.
The bill limits federal jurisdiction to situations that involve interstate or foreign commerce or other specified connections (for example, travel, use of interstate mail or electronic communications, payment across state lines, or use of items that traveled in interstate commerce). It allows claims to be brought until 30 years after the person turns 18. Remedies that a court may award include declaratory or injunctive relief, compensatory damages, punitive damages, and attorney’s fees and costs. The bill also says no federal law shall require a medical practitioner to perform a gender-transition procedure and makes any State that requires such procedures ineligible for funding from the Department of Health and Human Services. The bill defines "biological sex" and "medical practitioner." It takes effect on the date of enactment.
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The bill is framed as protecting children from medical malpractice in the form of gender-transition procedures and as preserving freedom of conscience and medical judgment for providers, according to the bill text and title.
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