NASHVILLE — The American Civil Liberties Union of Tennessee is putting Gov. Bill Lee on notice, saying the nonprofit organization will sue if the Republican governor signs into law a just-passed measure that would ban most gender-affirming care for minors.
"We are deeply disturbed that state politicians have voted to interfere with the ability of families to make decisions, in consultation with medical professionals, to provide critical care for young people who are transgender," said ACLU-Tennessee staff attorney Lucas Cameron-Vaughn in a statement issued after state House Republican lawmakers gave final approval to the law.
"Tennesseans should have access to the health care they need to survive and thrive," Cameron-Vaughn said. "Gender-affirming health care for trans youth is safe, necessary, effective and often life-saving. Legislators are risking trans young people's health, well-being and safety with this dangerous legislation. We urge Gov. Lee to veto this overreaching, discriminatory bill, or we will see him in court."
The Republican-controlled House on Thursday gave final approval of the legislation in a 77-16 vote. The GOP-led Senate approved it in a 26-6 vote Feb. 13.
Lee Press Secretary Jade Byers said Friday by email in response to a Chattanooga Times Free Press inquiry that the governor intends to sign the bill into law.
"These treatments and procedures have a lifetime of negative consequences that are irreversible," House Majority Leader William Lamberth, R-Portland, sponsor of the bill, said during House debate.
The transgender health care bill bars children and teens under age 18 in Tennessee from accessing transition treatments such as surgery, puberty blockers and hormone therapies, in addition to surgeries for gender dysphoria, a term used to describe anguish and other symptoms as a result of the disparity between someone's assigned sex and their gender identity.
Provisions include prohibiting a health care provider from knowingly performing, administering or offering to perform or administer a medical procedure for the purpose of enabling a minor to identify with, or live as, a "purported" identity inconsistent with the minor's biological sex, or treating purported discomfort or distress from a "discordance" between the minor's biological sex and asserted identity.
It provides exceptions for medical procedures used to treat a minor's congenital defect, precocious puberty, disease and physical injury.
The legislation also prohibits a person from "knowingly providing" a hormone or puberty blocker to a minor if the provision of the hormone or puberty blocker is not in compliance with the proposed legislation.
It also authorizes a civil cause of action against a health care provider or any other person alleged to have violated the proposed legislation.
Other provisions require the state attorney general to establish a process for reporting violations and authorize the attorney general to bring an action against a health care provider or any person for a knowing violation. It authorizes a civil penalty of up to $25,000 for each violation. The legislation also establishes that a violation of the proposed law by a health care provider constitutes a "potential threat to public health, safety and welfare" and requires emergency action by the appropriate regulatory authority.
Tennessee's Senate Bill 1 and House Bill 1 are opposed by the American Medical Association, the American Psychological Association and the American Academy of Pediatrics, ACLU Tennessee said.
According to estimates from the University of California at Los Angeles Williams Institute, Tennessee is home to some 3,150 transgender youths.
DRAG SHOWS
The Tennessee House on Thursday also gave approval to another measure, House Bill 9, which seeks to criminalize drag shows if there are minors present. The Senate previously passed the bill.
The measure must return to the upper chamber for members to concur on a House amendment.
ACLU-Tennessee has criticized that bill as well but officials have not yet said they will challenge it. The ACLU-Tennessee and spokeswoman Lindsay Kee did not respond to Times Free Press inquiries Friday about the drag show law.
Conservative activists have targeted the shows, including in Chattanooga, spurring the move for restrictions.
The legislation makes it a misdemeanor offense, punishable upon conviction by up to 11 months, 29 days in jail and/or fines up to $2,500, if a person performs adult cabaret entertainment on public property or at another location where the entertainment could be viewed by someone under age 18.
Second and subsequent violations are elevated to a felony, carrying one to six years in prison, as well as a fine of up to $3,000.
Contact Andy Sher at asher@timesfreepress.com.