West Virginia House passes ban denying care for trans youth
House Judiciary Committee Chairman Moore Capito provided an explanation why a bill banning gender-affirming care does not violate the U.S. Constitution. (Photo by Steven Allen Adams)
CHARLESTON — Despite hearing from a large group opposing the bill Thursday, the West Virginia House of Delegates passed legislation Friday banning all gender-affirming care for minors in the state. House Bill 2007, prohibiting certain medical practices, passed 84-10 Friday morning. The bill now heads to the state Senate. House Bill 2007 would prohibit a physician from providing irreversible gender reassignment surgery or medication for gender-affirming care, such as hormones or puberty blockers, to a person who is under 18. “I think an argument can be made, a good one, that this legislation relates to the health, safety, and wellbeing of minors in the State of West Virginia,” said House Judiciary Committee Chairman Moore Capito, R-Kanawha. Delegate Rick Hillenbrand, R-Hampshire, said he was fine with adults making decisions regarding gender, but believes children should not be making those choices with assistance from their parents and doctors. “This bill is not about preventing adults from making these life-altering decisions for themselves as an adult,” Hillenbrand said. “If you’re an adult and that’s what you want to do, I say go for it. Rather, this is a bill about protecting our youth.” Delegate Jim Butler, R-Mason, read a letter from a constituent raising concerns about gender-affirming care. He believes youth could come to regret undergoing gender-affirming care should they decide to de-transition years later. “We hear a lot that if we do this we’re going to cause children to attempt suicide, but I think the opposite is true in that children who go through this process of changing, there’s no turning back,” Butler said. “This is to make sure that children and minors who don’t have the ability to make decisions like this that they have to live with for the rest of their lives, that they don’t do it at that point.” Under questioning from House Minority Whip Shawn Fluharty, D-Ohio, Capito admitted the committee heard no testimony or examples of gender reassignment surgeries being performed on youth. Fluharty said the bill violates the Equal Protection Clause of the U.S. Constitution. “Why is this Legislature so obsessed with the bedroom, the exam room, and any other room they can be in? Smaller government, right? That’s what we hear all the time. It doesn’t exist here,” Fluharty said. “This bill carves out a group of individuals. It is a blatant violation of the Equal Protection Clause – a blatant violation on its face.” Delegate Danielle Walker, D-Monongalia, is a member of the LGBTQ community. She urged her colleagues to vote no on HB 2007. “There are just some elected officials who want to abolish our children, that is our trans children,” Walker said. “An injustice to one of us is an injustice to all of us. When will you take a stand to protect all? Will you be the change maker or the grim reaper by voting for this bill?” Bans on gender-affirming care are opposed by several national organizations, including the American Medical Association and the West Virginia chapter of the American Academy of Pediatrics. In a letter sent Jan. 19 to Senate President Craig Blair, R-Berkeley, and House Speaker Roger Hanshaw, R-Clay, the West Virginia Psychological Association said it was opposed to HB 2007. Citing a 2017 report from the Williams Institute, association President Billy Rutherford said West Virginia has the highest percentage of youth who identify as transgender per capita in the nation. According to the institute, 1% of West Virginia youth identify as transgender. “This bill denies access to gender-affirming medical treatment for transgender youth in West Virginia, contradicting medical standards of care and the scientific research demonstrating the clinical benefits of medical treatment for gender dysphoria,” Rutherford wrote. Reading from a Fox News article Friday, Delegate Kayla Young, D-Kanawha, said it is possible that despite having the largest number of trans youth per capita that its likely a population undercounted in the state. “That means we have way more kids than we even know that we have who are trans,” Young said. “Tons of kids are trans and we should let them live how they live.” According to Rutherford, current standards already recommend against genital surgery for persons under the age of 18, but medical treatment with hormones or puberty blockers for youth experiencing gender dysphoria can help reduce depression rates and help prevent suicide among transgender youth. According to a 2021 study published with the National Library of Medicine, 82% of transgender people have considered suicide at some point and another 40% have attempted suicide with the suicidality rate highest among youth. “(HB 2007) would significantly worsen the youth mental health crisis in West Virginia at a time when emergency departments are overwhelmed with youth seeking urgent care for (suicide) and inpatient psychiatric beds for youth are too few to meet the demand,” Rutherford wrote. “Denying access to gender-affirming mental health care results in harm to youth and their families.” According to Axios, Utah is the latest state to ban gender-affirming care in January, with more than a dozen states, including West Virginia, introducing similar bills since the beginning of the year. The U.S. Department of Justice warned states in 2021 that blocking access to gender-affirming care could result in federal lawsuits and could violate constitutional protections for transgender people against discrimination. “The Department of Justice is committed to ensuring that all children are able to live free from discrimination, abuse and harassment,” said Kristen Clarke, an assistant attorney general for the Justice Department’s Civil Rights Division. “Today’s letter reaffirms state and local officials’ obligation to ensure that their laws and policies do not undermine or harm the health and safety of children, regardless of a child’s gender identity.” Steven Allen Adams can be reached at sadams@newsandsentinel.com.Local News
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