On Wednesday, Republican Governor Doug Burgum of North Dakota signed into law House Bill 1254, which bans gender-affirming health care for transgender youth. The new law makes it a crime to provide gender-affirming care to people under the age of 18, and violators may face serious legal consequences, including felony charges with up to 10 years in prison and $20,000 in fines for performing sex reassignment surgery on a minor.
While Governor Burgum’s office released a statement saying that the law is aimed at protecting children from the “life-altering ramifications” of gender reassignment surgeries, opponents argue that it is an unprecedented government overreach that undermines the fundamental rights of parents and violates the constitutional guarantees of equal protection and due process.
The American Civil Liberties Union of North Dakota, which opposed HB 1254, argues that the bill violates the constitutional rights of trans youth by prohibiting gender-affirming care and putting the government in charge of making vital decisions traditionally reserved for parents in North Dakota. This legislation will deny trans youth the critical support they need and help them grow up to become thriving transgender adults.
Despite the new law, medication treatment for early onset puberty and other rare circumstances with parental consent will still be allowed, and minors currently receiving gender-affirming care will not be forced to detransition.
North Dakota now becomes the 14th state that has enacted laws restricting or banning gender-affirming care for minors. As supporters of HB 1254 continue to fail trans youth, opponents remain determined to build a future where North Dakota is a safe place to raise every child. It is up to each and every one of us to rise against their fear and ignorance and surround these young people with strength, safety, and love.