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Youth gender transition bans split red and blue states

South Carolina is the latest state to ban youth gender transitions. Credit: Getty

May 23, 2024 - 10:00am

This week, South Carolina became the 25th US state to restrict access to hormonal and/or surgical interventions for gender-questioning youth. In a tweet on Tuesday, Governor Henry McMaster said that he signed the “Help Not Harm” bill to protect young people in the state from “irreversible gender transition procedures”.

Trans-rights organisations swiftly condemned the law’s passage, accusing South Carolina Republicans of “rip[ping] away life-affirming and often life-saving care from transgender youth”. An opinion columnist warned that “[t]hey are taking us backwards even as the positive effects of gender-affirming care become more clear”. The Human Rights Campaign claimed that “[e]very credible medical organization – representing over 1.3 million doctors in the United States – calls for age-appropriate gender-affirming care for transgender and non-binary people”, and denied that any “medical interventions with permanent consequences happen until a transgender person is old enough to give truly informed consent”.

Stop me if you’ve heard this story before. By now, the same scenario has played out dozens of times. Half of US states now restrict transition-related procedures for youth. At the same time, a growing number of states have taken steps to ensure unimpeded access to the same set of interventions. As red states increasingly require parental notification when a student comes out as transgender at school, blue states head in the opposite direction.

Conflicts spill over every week: the Biden administration seeks to redefine sex under Title IX — and 26 states sue the Department of Education. A lawsuit brought by a young detransitioner moves forward. In New York, elected officials chastised parents for raising concerns about fairness in girls’ sports, labelling the parents’ call for a review of sports policies as “hateful, discriminatory and actively harmful”. One state assemblyman accused parents of “creat[ing] a conversation that is not needed” — even as male athletes knock female competitors off the podium.

But the conversation isn’t getting any smarter and the US is increasingly out of step with international developments concerning gender identity in healthcare, education, and sports.

The release of the final report of the Cass Review sent shockwaves through UK politics last month, with policymakers across party lines expressing grave concerns about its findings. But — in the latest iteration of important information getting lost over the pond — the report has had little to no effect on the heated debate over transgender issues in the US. So, even as the UK starts to reckon with the fallout of a medical scandal, the US splits furiously down the middle.

Trans activists and US medical organisations insist there’s nothing the country’s parents, doctors, and policymakers need to learn from Hilary Cass. But the Cass Report could do much to inform dialogue across a divide in US politics that seems increasingly unbridgeable. At the very least, Cass’s findings could retire some overused, under-evidenced talking points: no, the science isn’t settled. No, there isn’t evidence gender-affirming care saves lives (suicide is, thankfully, rare, and shouldn’t be used to emotionally blackmail critics). Yes, some young people are being harmed — not helped — by interventions that are, if not “life-saving”, certainly life-changing.

Americans don’t have a Hilary Cass. No independent commission has its eye on the country’s sprawling network of youth gender clinics. It’s impossible to know whose words — if anyone’s — will have the power to shift the debate from partisan terrain to the realm of evidence and reason.


Eliza Mondegreen is graduate and researcher.

elizamondegreen

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