New bill would ban several forms of transgender health care for youth

PIERRE – A group of South Dakota Republicans introduced a bill Tuesday that would prohibit physicians from providing some services to transgender youth.

A Democratic legislator and the American Civil Liberties Union of South Dakota immediately condemned the bill, which the ACLU labeled as “discriminatory.”

Rep. Bethany Soye, R-Sioux Falls, introduced the “Help Not Harm Bill.” Soye said the bill prohibits three types of treatment for transgender children: puberty blockers, the use of estrogen and testosterone, and genitalia-altering surgery. 

“Under the guise of medical treatment, children are being sterilized, mutilated and turned into permanent medical patients,” Soye said at a press conference announcing the bill. “Today, we take a stand and say, ‘no more.’”

2/x Rep. Bethany Soye, R-Sioux Falls, introduced the “Help Not Harm Bill.” Soye said the bill prohibits three types of treatment for transgender children: puberty blockers, the use of estrogen and testosterone, and genitalia-altering surgery. pic.twitter.com/cOSNfLztS3

— Joshua Haiar (@JoshuaHaiar) January 17, 2023

The legislation would also create a pathway for patients to collect damages if they are harmed during any of those procedures, and would subject doctors to a loss of licensure if they engage in the banned practices. 

The measure includes exceptions for youth who need the prohibited treatments for medical reasons other than “the purpose of attempting to alter the appearance of, or to validate a minor’s perception of, the minor’s sex.”

The ACLU of South Dakota said the bill would remove private health care decisions from doctors and patients, and instead hand those decisions over to politicians.

“Anytime policymakers spread lies and misinformation about trans people and their medical care, it’s dangerous,” Samantha Chapman, ACLU of South Dakota advocacy manager, said in a statement. “The result of legislation like this won’t be that fewer kids grow up to be trans. It will be that fewer kids grow up.”

Some Democratic lawmakers attended the press conference where the bill was introduced. The bill is an attack on transgender youth, according to Rep. Kameron Nelson, D-Sioux Falls, who is the first openly gay man elected to the South Dakota Legislature. 

“I will not stand for it,” Nelson said. “The perspective some of my colleagues have is very problematic and deeply concerning.”

3/3 Some Democratic lawmakers attended the press conference where the bill was introduced. The bill is an attack on transgender youth, according to Rep. Kameron Nelson, D-Sioux Falls, who is the first openly gay man elected to the South Dakota Legislature. pic.twitter.com/mjm5PCi0Lh

— Joshua Haiar (@JoshuaHaiar) January 17, 2023