Wyoming Senate passes bill to criminalize gender-affirming treatment

Following the vote, a member of the public watching the floor from the upstairs gallery began swearing at lawmakers, upset about the result. That prompted the Senate sergeant at arms to call Capitol police. Lt. Clayton Barker said officers talked with the person and determined they weren’t a danger. Officers asked the person to not disrupt the proceedings on the floor, but allowed them to stay in the building, according to Barker.

Senate File 111 would define the administration of gender-affirming treatment to a minor — including surgery and hormone treatments — as child abuse. The consent of the minor or parents wouldn’t be able to override that.

The bill has some exceptions, for example for kids who are born intersex.

Scott has said that his bill stems from concerns that some adults are “preying on young adolescents” and pushing them to undergo gender-affirming treatment, a worry that has circulated nationally in recent years. Those fears have led to a slew of legislation across the country seeking to restrict gender-affirming treatment for minors.

Multiple physicians testified at a Senate committee meeting last week that gender-affirming surgeries — for minors or adults — do not take place in Wyoming. What’s more, some emphasized that they would oppose gender-affirming surgeries for minors, since they are typically irreversible.

Many of the physicians, however, said they were concerned about criminalizing gender-affirming treatment altogether.

“Refusing to provide the standard of care for these patients with gender dysphoria syndrome is really tantamount to requiring medical neglect for these patients,” said April Kranz, one pediatrician who testified at last week’s meeting.

The brief debate on Thursday centered primarily around parental rights and the impact the legislation would have on transgender individuals.

“Is there a clear, convincing reason for the state to say that a parent, parents and children and medical professionals, can’t be in this space?” Sen. Cale Case, R-Lander, questioned. “It’s a difficult one. I know it’s difficult for you, but I think we’re being reactionary here. This actually doesn’t happen in Wyoming to any great extent, and we’re being fearful.”

He pointed out, as others have, that in the realm of education this year, people have pushed going in the other direction, rallying around strengthening parental rights over their kids.

Sen. Chris Rothfuss, D-Laramie, described the bill as one that takes a strong side, labeling one’s desire to affirm their gender identity “as child abuse, as evil.”

“This is the heart of the problem,” he said. “This is the reason why the transgender community feels isolated, and feels as if they’re being targeted, and has a suicide ideation rate which is well above the general public, because legislation like this says, ‘It’s a crime to have the desires that you have.’”

But Sen. Troy McKeown, R-Gillette, disagreed, since parents can get in trouble under law for allowing their kids to do other things.

“I honestly don’t feel like we’re picking on the LGBTQ community or anybody’s lifestyles,” he said. “I think we’re trying to look out for the best interest of children.”

Sen. Anthony Bouchard, R-Cheyenne, has also sponsored another bill that has similar aims to Scott’s.

Senate File 144, “Chloe’s law-children gender change prohibition,” would bar health insurance providers from covering, and physicians from performing, gender-affirming treatments for minors. A physician who violates this could have their license and registration revoked.

The bill, which has been referred to the Senate Labor, Health and Social Services Committee, has eight cosponsors.