Mere days after its official introduction, a bill in the Tennessee General Assembly that would prohibit health care providers from performing a medical procedure that would enable a minor to identify with, or live as, someone different from the minor’s sex is already attracting attention.
And it’s no wonder. Twenty years ago — maybe even 10 years ago — one couldn’t imagine a state considering such legislation. After all, what parent would entertain such thoughts about changing the identity of a child not yet into, or out of, puberty, or pushing a child toward doing so?
We will tread carefully since the bill has not had hearings, been debated or had a vote. After all, the bill could be pulled, sent for further study or stall without any action.
Let us first consider the population over which the bill is concerned. Children under the age of 18 are considered minors and are not deemed to be able to make critical medical decisions about their lives. Parents or guardians generally are over 18 and are assumed to have enough life experience to make sound decisions about a child’s health.
Unfortunately, popular culture has encouraged parents to be their child’s friend instead of respected guide and often allow their minor children to determine how their lives should be lived. Social media, the lack of a moral compass, the glorification of celebrity culture and culture’s feminization of men have contributed to a sexual roux into which children without strong parent role models fall into.
So some parents today are willing at signs of a feminine trait in a male or a masculine trait in a female, or the expression of such by a child, to push them toward a different sexual identity. And it is likely for that reason the bill was introduced.
Once minors become adults, they are generally deemed in a position to make their own health care decisions.
Obviously, the age of 18 is no magic milestone children reach and suddenly become imbued with all the wisdom of Solomon. Nor is it impossible for someone under 18 to be mature and already making astute decisions. But a line must be drawn somewhere.
The bill offers caveats to breaking the law such as medical procedures to treat a physical or chemical abnormality present in a minor that is inconsistent with the normal development of a minor’s sex, or a minor’s disease or physical injury; or medical procedures that began before July 1, 2023 (when the bill would become law), providing the treating physician makes a written certification that ending the medical procedure would be harmful to the minor and that the continuation of the treatment is not to enable a minor to live, or identify with, a different sexual identity.
Violating prohibitions in the proposed bill would create a cause of action whereby a minor injured as a result of such a procedure could bring a lawsuit against the health care provider or the minor’s parents if they consented to the procedure that led to the violation.
It further gives parents a cause of action if the minor’s death is the result of physical or emotional harm caused by violating prohibitions in the bill, or if the parents did not give permission for the medical procedure.
Violations also could bring additional actions and fines. In no case, though, would the minor in question be held liable.
On the website BillTrack50, among five Tennessee bills introduced, the medical procedure bill had been read 1,655 times, while the next closest one had been read only 187 times.
Two members of the Hamilton County legislative delegation, state Reps. Esther Helton, R-East Ridge, and Greg Vital, R-Georgetown, already have signed on as sponsors.
In 2021, Gov. Bill Lee signed a bill making Tennessee only the second state that prevented health care providers from prescribing hormone altering treatments and puberty blockers for minors before puberty, a practice some doctors said wasn’t occurring.
Legislators last fall promised legislation about gender-related medical procedures on minors when video reports surfaced showing Vanderbilt Medical Center officials discussing such surgeries and when the hospital acknowledged providing care to all adolescents “in compliance with state law,” including requiring parental consent to treat minors for issues related to transgender issues.
Vanderbilt later agreed to pause its procedures in order to review its practices.
It’s hard for us to contemplate changing your sexual identity when you’re an adult, but it’s something we accept because those who do are adults and can make their own decisions. On the other hand, pushing a child into changing a sexual identity, or allowing it because a child has certain feelings or proclivities (likely temporary) is something different. Prohibiting such medical procedures for minors appears to be the right thing to do, but it is a subject into which legislators should dig deeply.