On January 28, 2023, Utah Republican Governor Spencer Cox approved Senate Bill 18 into immediate effect which bans all types of gender-affirming medical care in regard to transgender minors under the age of 18. Gender-affirming care includes a wide variety of health care that includes medical, surgical, and mental health services for transgender and nonbinary individuals. The directed legislation against transgender youth makes the passing of this bill the first anti-trans law in 2023 in America. There is an exemption for intersex minors and minors who are ‘medically necessary,’ ones who experience puberty early for example (Yurcaba, 2023). This means that there is no doubt that the bill directly attacks the use of gender-affirming care for strictly transgender and nonbinary individuals. It is noted that minors who are already ‘diagnosed’ with gender dysphoria and have gender-affirming care will continue to receive it if they meet a list of requirements. However, future transgender and nonbinary patients will have restricted or no access at all. The details of this ban include the fact that gender-affirming surgical procedures on minors are prohibited with no exceptions, while hormone therapy and puberty blockers are banned indefinitely until they gain more scientific research. Regardless of the reason for this ban, it has already shown evidence that lack of gender-affirming care causes mental health issues and overall unease for transgender youth living in Utah.
People gather in support of transgender youth during a rally at the Utah State Capitol in Salt Lake City on Jan. 24, 2023. Rick Bowmer. AP File.
Gov. Cox claims that his decision was in favor of preventing what he claims to be the ‘permanent life-altering effects’ that this various gender-affirming care provides. He also believes it would be better to put more research into these treatments so that there can be better-understood science and consequences and therefore, in his eyes, bring more love to transgender individuals and their families (The Associated Press, 2023). As aforementioned, there have already been negative consequences that have come from this bill, let alone the overall outcomes of the lack of gender-affirming care in the first place. Marisa Mcpeck-Stringham a mental health therapist currently residing in Utah reported that six of her clients who are all transgender individuals have said that they have been experiencing suicidal ideation as a result of this bill being passed. They have also said that the bill felt like an ‘attack’ regardless of whether or not they were planning to medically transition (Rummler, 2023). There has also been pushback from multiple organizations. The National Center for Lesbian Rights and The American Civil Liberties Union of Utah have vowed to sue the Utah government over the bill, however as these plans are recent there hasn’t been any reported progress or response in regard to this action.
More detail into the intricacies of what gender-affirming care includes and therefore the implication of the severity of the ban:
Another example of the negative impacts of this bill showcases a transgender man speaking out about these recent events named Payton Butler, an 18-year-old at South Jordan high school. He says that in his youth, being able to take testosterone made life seem ‘easier’ and was ‘essential to his mental and physical well-being’ (Fernandes, 2023). Hormone therapy and top surgery also contributed to his comfortability being himself. He also claims that high school would have been harder for him if he didn’t receive this care. Now that this ban is implemented, transgender youth won’t be able to receive the same care that Butler had. Butler tried to speak to both Gov. Cox and Senator Mike Kennedy about the situation but felt like the lawmakers couldn’t really hear him out. What frustrated Butler the most was the fact that Sen. Kennedy strictly focused on the possible negative outcomes of gender health care, specifically the point that the individuals who use it will have a shorter life span. Butler responded in regards to Sen. Kennedy’s statement, “...because, yeah, I could not transition and maybe live a couple of years longer because I stayed female. But I’m not really living. I’m just kind of going through life unhappy with who I am” (Fernandes, 2023). Regardless of the fact that it could cause a shorter life span, in Butler’s eyes, he would rather live a shorter life as himself than suffer through a long life pretending to be an identity that he is not (Fernandes, 2023).
It is even more proof that legislators don’t consider the actual lives that transgender individuals are experiencing, while also not realizing the adverse effects they will inflict on them. This incites more cases of extreme gender dysphoria and mental distress. Furthermore, the Republican lawmakers in Utah specifically are operating on a basis of fear-mongering and using any excuse or report that gender-affirming care, the medium that transgender individuals use to be and feel more like themselves in society, is somehow completely negative and affecting the kids to a harmful degree.
By comparing this situation to the GBTR (Global Barometer of Transgender Rights) from the F&M Global Barometers, it is unfortunately not surprising that laws like these could still pass in the Americas. With the regional score being 50% gaining a score of F, transgender rights are still under fire and cannot be guaranteed full protection, the F grading trend continuing as of 2019.
It is not only Utah Republican legislation that proceeds with these bills through an extremist and fear-mongering view regarding transgender youth. In the Flordia Department of Health, they advised against any form of gender-affirming care for adolescence in April 2022, including social transition in which a child adopts a new name, gender pronouns, and outer expression including clothes that closely match their gender identity. Also in April 2022, Alabama passed its own law that makes it a felony for doctors to perform gender-affirming care to minors. Additionally, in February of that year, Texas Governor Greg Abbott ordered the Department of Family and Protective Services to start investigating gender-affirming care as a form of child abuse (Riess, 2023). It is important to mention these other states regarding anti-transgender bills because it is not only in Utah, it has been a recent upcoming issue in regard to legislation going through with these anti-trans bills in more Republican-operative countries.
Just because Utah’s legislation is under the guise of ‘needing more research’ and ‘protecting the youth and their families,’ doesn't mean it’s going to be saving or helping the individual lives of transgender youth in Utah having to live in this new unfortunate reality. Cathryn Oakley, the state legislative director and senior counsel for the Human Rights Campaign condemned the bill by making this statement, “Utah legislators capitulated to extremism and fear-mongering, and by doing so, shamelessly put the lives and well-being of young Utahans at risk — young transgender folks who are simply trying to navigate life as their authentic selves…” (Yurcaba, 2023). This falls under the belief that by going through with this ban, it is a direct attack on transgender youths' rights now living under Utah's legislators.
As long as these bans are still underway, the lives of transgender individuals will continue to be discriminated against and have their freedoms taken away purely based on legislators' biases and fear-mongering for their states’ entire population. Grim as it is, by continuing to speak out and fight against these bills and what they stand for, we can hopefully get to a point where there is more knowledge about the transgender experience and therefore there is more humanity gained towards all transgender individuals living in the United States as a whole.
References
Fernandes, D., Perkins-Mastromarino, J., Swartz, K., & Hagan, A. (2023, February 7). Utah trans teenager speaks out against state ban on gender-affirming care for minors. Here & Now. Retrieved February 26, 2023, from https://www.wbur.org/hereandnow/2023/02/07/gender-affirming-care-ban-utah
HHS Office of Population Affairs. (2022, March). gender-affirming-care-young-people-march-2022.
The Associated Press. (2023, January 29). Utah's governor has signed a bill banning gender-affirming care for transgender youth. NPR. Retrieved February 26, 2023, from https://www.npr.org/2023/01/29/1152388859/utah-ban-gender-affirming-care-transgender-youth
Riess, R., & Sottile, Z. (2023, February 11). Utah governor signs bill banning gender-affirming hormone treatment and surgery for minors. CNN. Retrieved February 26, 2023, from https://www.cnn.com/2023/01/29/us/utah-governor-minors-transgender-care-ban/index.html
Rummler, O. (2023, February 3). How Utah's new ban on gender-affirming care for minors is affecting trans teens in the State. PBS. Retrieved February 26, 2023, from https://www.pbs.org/newshour/nation/how-utahs-new-ban-on-gender-affirming-care-for-minors-is-affecting-trans-teens-in-the-state
Yurcaba, J. (2023, January 30). Utah is the first state to pass a gender-affirming care ban in 2023. NBCNews.com. Retrieved February 26, 2023, from https://www.nbcnews.com/nbc-out/out-politics-and-policy/utah-poised-first-state-pass-gender-affirming-care-ban-2023-rcna67941















