Lawmakers debated a Republican-backed bill Wednesday that would bar minors from receiving gender-affirming care, drawing backlash from LGBTQ+ advocates and community members.
Authored by Rep. Scott Allen, R-Waukesha, and Sen. Cory Tomcyzk, R-Mosinee, the bill comes after the U.S. Supreme Court signaled the issue should be left to the states to decide.
The bill would prohibit health care providers from engaging in or making referrals for gender affirming care individuals under 18 years of age. However, the bill offers exceptions for service based on “good faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development” or instances of illness or injury.
Allen and Tomcyzk said the bill would be a way to prevent irreversible medical changes to minors, who are unable to consent.
“We don't let kids drink or smoke or sign contracts among a number of other restrictions, even if the parents authorize an exception for their children and for a reason, why would we let them make these medical intervention decisions? This isn't about denying care. It's about offering real help,” Allen said.
Despite backlash from LGBTQ+ advocates, Tomcyzk said he does not see the bill as transphobic.
“I am not proposing this bill to demonize the trans community,” Tomcyzk said. “Sometimes kids are confused about what their bodies are telling them, the answer to this is not life changing irreversible drugs and surgeries. The answer to this is a naturally occurring process called puberty.”
Allen and Tomcyzk directed their statements to parents and lawmakers in Wisconsin, building upon the “help not harm” rhetoric of previous bills against gender affirming care.
“Sadly, there are parents in this state and in this country who are doing their children a disservice, and in many cases causing them irreversible harm, because they are unwilling to trust science and allow their children to mature naturally,” Tomcyzk said.
The bill received backlash from the committee members and individuals of the community seated in the gallery. Midway through the proceedings, one protester had to be escorted out due to accusations that they held up a sign despite policies against this.
Melissa Tempel, the “Rainbowland Teacher”, works with the nonprofit Diverse and Resilient, which advocates for health equity and improvements to the safety of LGBTQ+ people in Wisconsin. She spoke out in opposition of the bill.
“Parents have the freedom to ensure that their child can receive the prescribed medical care that they need,” Tempel said. “The government shouldn’t be able to decide if parents and doctors are allowed to provide essential medical care for their children.”
Reps. Lisa Subeck, D-Madison, and Renuka Mayadev, D-Madison, expressed opposition to the bill, favoring the judgment of medical practitioners and Wisconsin families when deciding care.
During the public hearing, Subeck asked Allen and Tomczyk if they had experience in the medical field, to which Allen called the question “irrelevant” while Tomczyk said, “I just have a degree in common sense.”
“Knowing that physicians follow what is considered the standard of care and that is set forth by organizations like the American Academy for Pediatrics,” Subeck said. “Why is it that on this particular issue, on the issue of care for transgender individuals, that we should substitute the judgment of legislators for the judgment of physicians and families?”
Sen. Melissa Ratcliff, D-Cottage Grove, testified during the hearing and described the act as “cruel” emphasizing the relationship she has with her son, who is transgender.
“I'm grateful that Wisconsin was a state where we could access the gender affirming care he needed and deserved, and I believe that all families and kids should have that access,” Ratcliff said.
This is not the first time Republican lawmakers have introduced legislation banning gender-affirming care for minors.
Previously, Representative Allen, Assembly Speaker Robin Vos, R-Rochester, and Sen. Duey Stroebel, R-Cedarburg, proposed the same bill in October 2023 titled the “Help Not Harm Act.” In July 2022, Republicans introduced another similar bill that did not reach a public hearing or vote.
Democratic lawmakers said there is a similar unlikelihood of success the bill will be passed this year, citing changes in the state Legislature and Gov. Tony Evers’ promise to veto anti-transgender legislation.
Despite unlikely odds, Allen said he “expects victory.”
“I know my parents taught me at first you don't succeed, you try, try again,” Allen said. “Now, we may not have popular opinion on our side, but at some point in time, maybe we will.”
In 2024, a total of 14 anti-LGBTQ+ bills were introduced during the legislative session, all of which failed to pass the Legislature or were vetoed by Evers.
