On Friday, as a key deadline for legislation approached, Republican leaders moved a bill to cut off the only way for suicidal transgender West Virginia kids to get gender-affirming care.
In an afternoon meeting, the House Health and Human Resources Committee took up HB 5297, which broadens a ban passed last year to outlaw such treatment — even for kids diagnosed as being at risk of harming or killing themselves.
Gender dysphoria, the feeling of distress in someone whose gender identity doesn’t match their biological sex, can be treated in multiple ways, including but not limited to gender reassignment surgery, talk therapy and the use of hormones. In minors, puberty blockers are often used to delay puberty.
During the Friday meeting, Del. Mike Pushkin, D-Kanawha, tried to amend the bill to allow minors already receiving treatment to continue.
“Without this amendment, you will see teen suicides, child suicides,” Pushkin said.
The amendment was shot down narrowly, 8 to 11.
Del. Anitra Hamilton, D-Monongalia, said that she wanted to support these children who are at high risk of harming themselves.
“I think that’s a cry for help,” she said. “And I think as a Legislature, we should answer.”
No one argued in favor of the bill during the committee meeting.
Its lead sponsor, Del. Geoff Foster, R-Putnam, said in an interview he introduced this legislation because he believes gender-affirming care doesn’t help children experiencing gender dysphoria and he’s heard stories of children as young as four getting gender reassignment therapy and he wanted to close the exemption.
Last year, the Associated Press debunked claims like this as false, saying puberty blockers are generally available for children between the ages of 11 and 14, with hormone therapy starting at 14.
Foster said he would’ve liked to see the bill move earlier.
The bill was introduced in late January and Health Committee Chair Amy Summers, R-Taylor, put it on her committee’s agenda on Friday, two days after the deadline for anyone to request a public hearing. A public hearing was requested, but denied because of the deadline, House of Delegates spokesperson Ann Ali said in an email.
Last year, lawmakers passed a bill that banned all forms of gender-affirming care for anyone under 18.
At the time, dozens of citizens gathered at the Capitol for a public hearing and spoke against the bill. Foster, also the lead sponsor of the 2023 legislation, missed the public hearing due to a scheduling conflict.
The bill ultimately passed, but two Republican senators who are also medical doctors argued for an amendment in the law that allowed doctors to prescribe medication for a minor who had been diagnosed with severe gender dysphoria and is at risk for suicide or to harm themselves.
“When it comes to medical stuff, I listen to the medical community,” Sen Tom Takubo, R-Kanawha, said on the floor after reading from over a dozen peer-reviewed studies.
All of them found that puberty blockers and hormones had positive health effects for teenagers with gender dysphoria.
“There will be some suicides,” Sen. Mike Maroney, R-Marshall, said at the time. “Who are we to win an election and tell people how to practice medicine?”
The amendment passed and became part of the final law.
Under the narrow pathway, the minor’s parent or guardian, a doctor and a behavioral health specialist have to sign off on the child beginning hormone therapy.
In an interview Friday, Foster said the studies used to back up Takubo’s amendment were inaccurate, while also saying he never reviewed them.
“I didn’t hear his statement,” Foster said.
Jack Jarvis, a spokesman for Fairness West Virginia, the state’s LGBTQ advocacy organization, said that since that law has gone into effect some minors are being turned away but the new requirements are largely in line with standard medical practice.
Dr. Kim Becher, chief medical officer at Community Care of West Virginia, said minors undergoing gender-affirming care is already a rarity, but keeping it available helps the few who are suffering from gender dysphoria.
When asked if he would change his mind if a teenager with gender dysphoria died by suicide as a result of not getting the care they needed, Foster said he wanted doctors to treat “the underlying condition.”
He likened treatment with hormones and puberty blockers to giving alcohol to an alcoholic, before equating the situation to schizophrenia.
And according to medical research, the best treatment for gender dysphoria is gender reassignment.
Duncan Slade contributed reporting to this story.
