South Carolina Gov. Henry McMaster at a Trump rally in February 2024. Photo: ALEX HICKS JR./STAFF / USA TODAY NETWORK via IMAGN
The South Carolina legislature has just passed a ban on gender-affirming care, making it the 25th state to do so. The ban also requires educators to out trans students to their potentially unsupportive parents. Gov. Henry McMaster (R) has signaled that he’s likely to sign it into law. If he does, the law will take effect immediately.
House Bill 4624 will prohibit healthcare professionals from providing puberty blockers, hormone therapy, or surgeries to people under the age of 18, even though such surgeries are rarely ever performed on minors. Any professional who provides these to a minor can risk being disciplined by the state medical licensing board or have their licenses revoked.
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The bill states that any minors receiving gender-affirming medications must quit receiving them by the end of January 2025. Major American medical associations have said that gender-affirming care is safe, effective, and essential to the overall well-being of trans youth. Ending such care can worsen a trans youth’s sense of gender dysphoria and increase their risk of suicide.
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The Campaign for Southern Equality, a state LGBTQ+ advocacy organization, has launched the Southern Trans Youth Emergency Project to help fund and provide information to families so that trans youth can continue receiving gender-affirming care despite the coming ban.
The bill additionally states that healthcare professionals in South Carolina who provide gender-affirming care can be sued by a patient or their parents until the patient in question turns 39 years old.
The bill forbids public funding, including Medicaid, from being used “directly or indirectly” for gender-affirming care. This provision may face an immediate challenge since the 4th U.S. Circuit Court of Appeals, which includes South Carolina, ruled in April that government- and state-funded health care and insurance plans cannot exclude coverage for gender-affirming medical care, The Hill reported.
The bill also requires school principals and counselors to notify parents if a child indicates in any way that their gender identity doesn’t match the sex they were assigned at birth. This provision will make trans, nonbinary, and gender-fluid students less likely to seek help from trusted adults in schools, leaving them without any adult support if their parents disapprove of their gender identity.
In January, Gov. McMaster called the bill “a good idea,” adding, “If they wanna make those decisions later when they’re adults then that’s a different story, but we must prevent our young people from making irreversible errors.” Several studies have shown that most people who receive gender-affirming healthcare do not regret it.
A March 2024 poll found that 71% of South Carolina voters felt that the government should not intervene in LGBTQ gender-affirming healthcare decisions that regard individuals under the age of 18.
LGBTQ+ advocates condemn the ban & promise to sue
Responding to the law’s recent passage in the state legislature, Cathryn Oakley, senior director of legal policy for the Human Rights Campaign, wrote, “This is a major violation of South Carolinians’ liberty. South Carolina legislators abused their power today by substituting their judgment for that of parents, medical professionals, mental health care professionals, and other experts.”
Chase Glenn, Executive Director of the Alliance for Full Acceptance wrote, “Denying transgender people access to medically-necessary healthcare is not only a violation of their basic human rights but also an egregious display of intolerance. We will not back down and will continue to stand in solidarity with our transgender community today in their fight for their dignity, respect, and equal rights.”
Ivy Hill, a leader in the South Carolina United for Justice & Equality coalition, wrote, “We will be organizing tirelessly in the hours ahead to ensure that we’ve left everything on the field and pushed back against this legislative attack with everything we have.”
In a post on the social platform X, the Campaign for Southern Equality wrote, “We are sending so much love, support and solidarity and want trans people in SC to know that you are loved, affirmed, and seen – and that there is an entire community ready to fight against these oppressive laws.”
Editor’s note: If you or someone you know is struggling or in crisis, help is available. Call or text 988 or chat at 988lifeline.org. The Trans Lifeline (1-877-565-8860) is staffed by trans people and will not contact law enforcement. The Trevor Project provides a safe, judgement-free place to talk for youth via chat, text (678-678), or phone (1-866-488-7386). Help is available at all three resources in English and Spanish.
We are sending so much love, support and solidarity and want trans people in SC to know that you are loved, affirmed, and seen – and that there is an entire community ready to fight against these oppressive laws. 6/6 pic.twitter.com/7eK27ol1Nt
— Southern Equality (@SouthernEqual) May 9, 2024