anti-trans discrimination

House Bill 1569: Bans Department of Corrections from providing gender affirming care to prisoners

UPDATE 02/14/2023 – passed house; Roll Call 134: yeas 68, nays 24

UPDATE 02/15/2023 – Referred to the Senate

UPDATE 02/27/2023 – referred to Senate Committee on Corrections and Criminal Law

Summary:
House Bill 1569 bans Department of Corrections from providing gender affirming care to prisoners. Specifically prohibits paying for or providing state resources for gender transition of prisoners, including federal funding. This is likely in direct opposition to federal laws about care for transgender prisoners.

House Bill 1569
Authored by Rep. Peggy Mayfield.
Co-Authored by Rep. Joanna King.
Sponsored by Sen. Stacey Donato.

DIGEST
Restrictions on DOC provision of gender therapy. Provides that the department of correction may not authorize the payment of any money, the use of any state resources, or the payment of any federal money administered by the state to provide or facilitate the provision of hormonal therapy or sexual reassignment surgery to an offender patient.

Actions for House Bill 1569
S 02/27/2023 First reading: referred to Committee on Corrections and Criminal Law
H 02/15/2023 Referred to the Senate
H 02/14/2023 Senate sponsor: Senator Donato
H 02/14/2023 Third reading: passed; Roll Call 134: yeas 68, nays 24
H 02/13/2023 Second reading: ordered engrossed
H 02/09/2023 Committee report: amend do pass, adopted
H 02/06/2023 Representative King J added as coauthor
H 01/19/2023 First reading: referred to Committee on Courts and Criminal Code
H 01/19/2023 Authored by Representative Mayfield

Link to PDF File of Introduced Bill: HB1569.01.INTR_.pdf
Link to PDF File of Roll Call Vote: HB1569.134_H-roll-call-vote

News References:

Source: The Statehouse File – February 9, 2023
Committee weighs rights of trans prisoners

Source: Indy Star – February 9, 2023
Indiana lawmakers move bill banning state-provided gender-affirming surgery in prison

The American Medical Association and the American Psychological Association do recognize transition-related care as medically necessary.

That care can take a variety of forms, including surgery, and is different for every patient. Just like any other medical decision, the decision comes from an thorough vetting process between clinician and patient, said Richard Brandon-Friedman, a clinician and assistant professor in the IU School of Social Work at IUPUI.

Source: Indy Star – February 23, 2023
An ‘absolute onslaught’: Indiana GOP targets transgender rights

Continue ReadingHouse Bill 1569: Bans Department of Corrections from providing gender affirming care to prisoners

Senate Bill 413: Outing transgender youth to parents

2023-02-28 Update: This bill has similar language to House Bill 1608 which has been referred to the Senate, so it may get reconciled with that bill.

Senate Bill 413 prevents teaching K-12 students any information about sexual orientation or gender identity and requires guidance counselors or other student support service staff to notify parents if a student seeks counseling services. Requires notifying all parents of a school if a transgender child is enrolled.

Senate Bill 413
Authored by Sen. Gary Byrne, Sen. Blake Doriot.

DIGEST
Parental rights in education. Requires a governing body of a school corporation to adopt procedures to require schools to notify a parent of an unemancipated minor student regarding the: (1) student’s services, support, or monitoring related to the student’s social emotional, behavioral, mental, or physical health; or (2) school’s ability to provide a safe and supportive learning environment for the student. Establishes requirements and restrictions regarding the procedures. Prohibits school corporation personnel or a third party vendor that contracts with a school corporation from providing instruction on sexual orientation or gender identity: (1) to any students of the school corporation enrolled in kindergarten through grade 12; or (2) in a manner that is not age appropriate or developmentally appropriate for students in accordance with state law. Establishes requirements regarding: (1) student support services training; (2) notifying parents of social emotional, behavioral, mental, and physical health services or support offered by a school corporation and the parent’s option to withhold consent or decline any of those health services or support; and (3) administering a social emotional, behavioral, mental, or physical health personal analysis or evaluation, questionnaire, screening, survey, or assessment to an unemancipated minor student enrolled in kindergarten through grade 12. Requires a school corporation to notify the parent of each student enrolled in a school maintained by the school corporation if the school corporation permits a student of that school to use a multiple occupancy restroom or locker room that is designated for a sex that is not the student’s biological sex. Requires a school corporation to: (1) establish a grievance procedure for a violation of the provisions; and (2) post the grievance procedure on the school corporation’s website. Provides that a parent who is not satisfied with a decision by a school principal or principal’s designee regarding a complaint by the parent may request the department of education (department) to review the complaint and decision. Provides that a parent of a student may bring a civil action against the school corporation for a violation of the provisions. Requires, not later than May 30, 2024, the department to adopt or update, as necessary and as approved by the state board of education, certain student services, personnel guidelines, standards, frameworks, practices, and principles.

Actions for Senate Bill 413
S 01/19/2023 Senator Doriot added as second author
S 01/19/2023 First reading: referred to Committee on Education and Career Development
S 01/19/2023 Authored by Senator Byrne

Link to PDF of Introduced Bill: SB0413.01.INTR

Continue ReadingSenate Bill 413: Outing transgender youth to parents

Senate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

Prohibits gender affirming care for any individual under 18 years of age, including to “alter the gender of the minor or delay puberty.” Provides disciplinary actions that may be taken toward healthcare providers including revoking licenses and subjecting them to civil liability.

Senate Bill 480
Authored by Sen. Tyler Johnson.
Co-Authored by Sen. Gary Byrne, Sen. Stacey Donato, Sen. Blake Doriot, Sen. Mike Gaskill, Sen. James Buck, Sen. Aaron Freeman, Sen. Jeff Raatz, Sen. Andy Zay, Sen. Greg Walker, Sen. Mark Messmer, Sen. Jack Sandlin, Sen. Linda Rogers, Sen. James Tomes, Sen. Rick Niemeyer, Sen. Brian Buchanan, Sen. Scott Alexander, Sen. John Crane, Sen. Michael Young.

DIGEST
Gender transition procedures for minors. Prohibits a physician or other practitioner from knowingly providing gender transition procedures to an individual who is less than 18 years of age (minor) that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Establishes civil enforcement actions.

Actions for Senate Bill 480
S 02/27/2023 Amendment #4 (Yoder) failed; Roll Call 165: yeas 12, nays 37
S 02/27/2023 Amendment #7 (Brown L) prevailed; voice vote
S 02/27/2023 Second reading: amended, ordered engrossed
S 02/23/2023 Senator Young M added as coauthor
S 02/23/2023 Committee report: amend do pass, adopted
S 02/21/2023 Senator Charbonneau added as second author
S 01/30/2023 Senator Crane added as coauthor
S 01/23/2023 Senator Ford Jon removed as coauthor
S 01/19/2023 First reading: referred to Committee on Health and Provider Services
S 01/19/2023 Coauthored by Senators Byrne, Donato, Doriot, Gaskill, Buck, Ford Jon, Freeman, Raatz, Zay, Walker G, Messmer, Sandlin, Rogers, Tomes, Niemeyer, Buchanan, Alexander
S01/19/2023 Authored by Senator Johnson

Link to PDF file of introduced bill: SB0480.01.INTR

Continue ReadingSenate Bill 480: Civil Enforcement for Prohibition of Gender Affirming Care

House Bill 1525: Prohibiting Gender Affirming Care

No health care professionals, including medical doctors or nurses, or behavioral or human service professionals are allowed affirm a young person’s sexual attraction, behavior or gender identity if different from genitalia or DNA. Prohibits gender confirming surgeries which are rarely performed for on anyone under 18. Prohibits puberty blockers and hormones for those under 18. This bill, like others, does not recognize or distinguish trans youth from young people with precocious puberty, who would also be affected by this bill. “Under the bill’s requirements, there is no direct penalty, but under lawful practice health care professionals could have action taken against them by the State Health Commissioner. The State Health Commissioner could issue a letter of correction or probationary license, conduct a resurvey, deny renewal of a license, revoke a license, or issue a civil penalty not to exceed $10,000.”

House Bill 1525
Introduced House Bill (H)
Authored by Rep. Bruce Borders.

DIGEST
Prohibited health care for minors. Prohibits specified health care professionals from: (1) performing certain medical procedures on a minor; or (2) prescribing, administering, or furnishing certain drugs to a minor; that purposely attempt to change, reinforce, or affirm a minor’s perception of the minor’s own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor’s gender identity when the identity is inconsistent with the minor’s biological sex.

Actions for House Bill 1525
H 01/19/2023 First reading: referred to Committee on Public Health
H 01/19/2023 Authored by Representative Borders

Link to PDF of introduced bill: HB1525.01.INTR

Continue ReadingHouse Bill 1525: Prohibiting Gender Affirming Care

House Bill 1520: Trans People Banned from Indiana Public Restrooms

Indiana HB 1520: I’ll save you some time reading this. It essentially says that people assigned male at birth have to use the men’s public restroom and people assigned female at birth have to use the women’s public restroom or be charged with a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000. This would essentially keep all transgender people from public places and prevent transgender people from traveling anywhere in the state of Indiana. This would apply not only to residents of Indiana but also people traveling to Indiana, effectively making it impossible for companies to send their trans employees to the state.

HOUSE BILL No. 1520

Introduced House Bill (H)
Authored by Rep. Bruce Borders.

DIGEST
Use of public restrooms. Makes it a Class B misdemeanor if: (1) a male knowingly or intentionally enters a restroom that is designated to be used only by females; or (2) a female knowingly or intentionally enters a restroom that is designated to be used only by males. Provides for certain defenses.

Actions for House Bill 1520

H 01/19/2023 First reading: referred to Committee on Courts and Criminal Code
H 01/19/2023 Authored by Representative Borders

Link to PDF File of Introduced Bill: HB1520.01.INTR

First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.

Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2022 Regular Session of the General Assembly.

HOUSE BILL No. 1520

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-130.3 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2023]: Sec. 130.3. “Female”, for purposes of
4 IC 35-43-2.5, has the meaning set forth in IC 35-43-2.5-1.
5 SECTION 2. IC 35-31.5-2-191.5 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2023]: Sec. 191.5. “Male”, for purposes of
8 IC 35-43-2.5, has the meaning set forth in IC 35-43-2.5-2.
9 SECTION 3. IC 35-43-2.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2023]:
12 Chapter 2.5. Single Sex Public Restroom Trespass
13 Sec. 1. As used in this chapter, “female” means an individual
14 who:
15 (1) was born female at birth; or
16 (2) has at least one (1) X chromosome and no Y chromosome.
17 Sec. 2. As used in this chapter, “male” means an individual who:
2023IN 1520—LS 6969/DI 149
1 (1) was born male at birth; or
2 (2) has at least one (1) X chromosome and at least one (1) Y
3 chromosome.
4 Sec. 3. A:
5 (1) male who knowingly or intentionally enters a restroom
6 that is designated to be used only by females; or
7 (2) female who knowingly or intentionally enters a restroom
8 that is designated to be used only by males;
9 commits restroom trespass, a Class B misdemeanor.
10 Sec. 4. (a) It is a defense to a prosecution under this chapter if
11 a person enters a restroom designated only for the opposite gender:
12 (1) for custodial purposes; or
13 (2) to render assistance.
14 (b) It is a defense to a prosecution under this chapter if a person
15 who is less than twelve (12) years of age accompanies the person’s:
16 (1) parent;
17 (2) guardian;
18 (3) custodian;
19 (4) teacher; or
20 (5) babysitter;
21 into a restroom designated for the gender of the person listed in
22 subdivisions (1) through (5).

Continue ReadingHouse Bill 1520: Trans People Banned from Indiana Public Restrooms

House Bill 1338: Don’t Say Gay (or Race) Bill

UPDATE: The House passed a similar bill House Bill 1608 – that targets just LGBTQ students and topics in public schools and allow mandates bullying of students by other students and staff, also mandating outing gender non-conforming students to their parents. HB 1608 was passed to the Indiana Senate.

Prohibits teaching information about sexual orientation, gender identity, or race at any ‘state educational institution’ which appears to cover not just K-12 but also higher education. Includes any mandatory training about equity, diversity and inclusion regarding women’s issues, sexual orientation, gender identity, and race: “shall not promote in any course certain concepts related to race or sex.” Also prohibits teaching historical context of racism, sexism, and LGBTQ discrimination in classes in both K-12 and higher education.

House Bill 1338
Introduced House Bill (H)
Authored by Rep. Shane Lindauer.

DIGEST
Education matters. Provides that a teacher, administrator, or other employee of a school corporation or charter school shall not promote in any course certain concepts related to race or sex. Provides that a state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. Provides that a state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex. Provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is established or administered by: (1) a school corporation; (2) a public school; (3) a state accredited nonpublic school; (4) the department of education (department); or (5) a third party vendor of a school corporation, a school, or the department; without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor. (Current law provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student’s attitudes, habits, traits, opinions, beliefs, or feelings concerning certain matters without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student’s parent if the student is an unemancipated minor.) Establishes certain requirements regarding contracts or agreements with third party vendors to: (1) collect or share information from a student personal analysis, evaluation, or survey; or (2) provide software or software tools that can be used for data collection, analysis, evaluation, or survey of a student.

Actions for House Bill 1338
H 01/17/2023 First reading: referred to Committee on Education
H 01/17/2023 Authored by Representative Lindauer

Link to downloadable PDF of Introduced bill HB1338.01.INTR

The racist/Sexist part of the bill is here:

Sec. 1. In accordance with IC 20-33-1-1, a teacher, administrator, or other employee of a school corporation or charter school shall not promote the following concepts in a course:
(1) A particular race or sex is inherently superior to another race or sex.
(2) An individual, by virtue of the individual’s race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.
(3) An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s race or sex.
(4) An individual’s moral character is necessarily determined by the individual’s race or sex.
(5) An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
(6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race or sex.
(7) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race.

Sec. 2. The state board shall adopt rules under IC 4-22-2 necessary to implement this chapter.

SECTION 4. IC 21-41-13 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:

Chapter 13. Dignity and Nondiscrimination in Postsecondary Education
Sec. 1. A state educational institution may not require a student enrolled at the state educational institution to engage in any form of mandatory gender or sexual diversity training or counseling. However, voluntary counseling is not prohibited.
Sec. 2. A state educational institution may not require a student of the state educational institution to attend any student orientation or other training or presentation that presents information regarding race or sex stereotyping or bias on the basis of race or sex.

Continue ReadingHouse Bill 1338: Don’t Say Gay (or Race) Bill

Senate Bill 354 – Outing transgender students in Indiana

Update: This bill will likely be reconciled with House Bill 1608, which not only does it not allow any mention of sexual orientation or gender identity in K-3 classes, but it specifically encourages bullying and abuse of gender non-conforming children in schools by both students and staff members, and mandates outing gender non-conforming children to their parents.

A new bill authored by Sen. Jeff Raatz would make mandatory outing transgender students to their parents if they request to be called something other than their name or pronouns assigned at birth.

Senate Bill 354
Introduced Senate Bill (S)
Authored by Sen. Jeff Raatz.

DIGEST
Education matters. Provides that a: (1) school that seeks state accreditation; and (2) national or regional accreditation agency that seeks to be recognized by the state board of education (state board); must complete and submit the applicable application form established by the state board. Requires the state board to do the following: (1) Not later than six months after the date a completed application is submitted, approve or deny the accreditation or recognition. (2) If the state board denies an accreditation or recognition, send notice to the school or national or regional accreditation agency stating the reasons for the denial. Requires the department of education to post a copy of the application forms on the department’s website. Requires a public school, including a charter school, to notify the parent of an unemancipated minor, if the student: (1) makes a certain disclosure concerning the student’s gender identity or gender expression to an employee or staff member of the school; or (2) changes, expresses a desire to change, or makes a request to change the student’s name, attire, or pronoun, title, or word to identify the student in a manner that is inconsistent with the student’s biological sex at birth. Requires an employee or staff member of a school to report to the school a disclosure or information described in these provisions to the school.

Actions for Senate Bill 354

S0 1/12/2023 First reading: referred to Committee on Education and Career Development
S0 1/12/2023 Authored by Senator Raatz

Link to downloadable PDF file of the Introduced Bill: SB0354.01.INTR

References:

Indiana General Assembly – Senate Bill 354

Chalkbeat – Indiana bill would require teachers and schools to report student requests to change names, pronouns

Continue ReadingSenate Bill 354 – Outing transgender students in Indiana

Erin Reed – Analysis of HB-1118 “Indiana Bill Would Hijack Conversion Therapy Laws To Ban Transition”

Erin Reed tracks and analyzes legislation affecting transgender people all over the country. She provided great analysis of HB-1118 at her regular column space “Erin In The Morning.” Click through the link below to read her entire column.

Indiana Bill Would Hijack Conversion Therapy Laws To Ban Transition

Indiana has been the site of several anti-trans bills in recent years. In 2022, they enacted a ban on transgender athletes from playing sports that match their gender identity by overcoming the governors veto. They attempted to pass a bill that would criminally ban gender transition for trans youth. Yesterday, they proposed one of their most inhumane bills yet. Indiana HB1118 would ban gender transition for trans youth by placing it in a new law banning physical conversion therapy. It defines gender transition, ridiculously, as a form of conversion therapy and says that anybody who obtains gender transition for trans youth should be investigated for child abuse. The bill then defines violations as a level 5 felony.

The new Indiana bill states that “a health care professional may not purposefully attempt to change, reinforce, or affirm a minors perception of the minor’s own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor’s gender identity when that identity is inconsistent with the minors biological sex, by engaging in any of the following activities.” The bill then goes on to list several activities that are brutal and that anyone would agree should be banned: subjecting genitals to electric currents, wrapping the minors hands in heat coils, subjecting a minor to an ice bath. Alongside these forms of conversion therapy torture, it lists puberty blockers and hormone therapy.

This bill clearly has drawn from TERF (trans exclusionary radical feminist) ideology in its development – TERF orgs have claimed that gender transition is done to “trans away the gay”. Prominent TERF thought leader Helen Joyce claims, for instance, that the “affirmative care model IS conversion therapy.” This line of thought has also made its way into US court fights. James Cantor, an anti-trans “neuroscientist and sex researcher” who has appeared in several court fights as a witness in favor of anti-trans legislation, said in 2021 that “transition IS conversion therapy.” Now, this bill seeks to establish this thinking into law by banning all gender affirming care for trans youth.

Continue ReadingErin Reed – Analysis of HB-1118 “Indiana Bill Would Hijack Conversion Therapy Laws To Ban Transition”

Fort Wayne Journal Gazette covers 4 anti-trans house bills in 2023

Fort Wayne Journal Gazette covers the four anti-trans house bills targeting transgender healthcare in 2023. Some good analysis here about these bills.

General Assembly
Transgender health care targeted by new Indiana bills
Brett Stover | The Journal Gazette

INDIANAPOLIS – Several bills filed by Republican lawmakers seek to ban doctors from providing gender-affirming care to minors.

The filings this week make Indiana one of at least a dozen states where legislators are seeking to limit transgender health care access.

One such proposal, House Bill 1220, is authored by Rep. Michelle Davis, R-Whiteland, and co-authored by three more Republicans, including Fort Wayne Rep. Chris Judy.

Early gender-affirming care is crucial for the health and well-being of transgender and nonbinary children and adolescents, according to the U.S. Department of Health and Human Services.

Some types of gender-affirming care are reversible, one government document states. Those include social affirmation – like using a person’s preferred pronouns and name – and puberty blockers, hormones that effectively pause puberty.

Hormone replacement therapy, which Health and Human Services says is used from early adolescence onward, is a partially reversible form of medical care.

The final category, gender-affirming surgery, is described as non-reversible and is typically used in adulthood. A Reuters report found that such surgeries are “uncommon in patients under age 18.”

Physicians and other medical practitioners would not be allowed to provide any medical nor surgical gender-affirming care under HB 1220. They would also not be allowed to refer a minor to another doctor for such care.

The bill would allow for civil penalties against medical professionals who violate the law.

Another measure, House Bill 1118, would impose harsher penalties.

Under HB 1118, filed by Rep. Lorissa Sweet, R-Wabash, health care professionals who perform gender-affirming surgeries on minors whose gender identity “is inconsistent with the minor’s biological sex” could face Level 5 felony charges. A Level 5 felony carries a sentencing range of 1 to 6 years.

It also would open medical professionals who provide other forms of gender-affirming care including puberty blocker and hormone therapy to misdemeanor charges.

Rep. Ryan Lauer, R-Columbus, has also filed two bills that would affect transgender minors.

One, House Bill 1231, has similar provisions to HB 1220 and would allow for civil penalties for doctors who provide medical or surgical gender-affirming care. It would also bar health insurance companies from covering those types of procedures.

The second, House Bill 1232, would prohibit the Department of Child Services from substantiating a report of child abuse or neglect solely because the parent or guardian insists on “referring to and raising the child consistent with the child’s biological sex” or because they won’t allow the child to receive gender-affirming surgery, medical care, mental health care or counseling.

The bill would also prohibit the Department of Child Services from taking custody of a child away from their guardian solely for those reasons.

Those bills have drawn the ire of the American Civil Liberties Union of Indiana, whose advocacy director said the General Assembly is on track to introduce a record number of bills “attacking the rights of LGBTQ Hoosiers.”

“A number of these bills represent a coordinated, hate-driven campaign to push trans people out of public life,” ACLU of Indiana Advocacy Director Katie Blair said in a statement. “We will use every tool at our disposal to defend LGBTQ rights in Indiana. LGBTQ people belong everywhere, including in our state, and we will not stand for these attack bills.”

G. David Caudill, founder of the nonprofit Equality Indiana, said that while he’s disappointed in the legislation, it’s not unexpected based on trends across the country and other recent bills in Indiana.

“It’’s disappointing that the supermajority, and the extremists within the supermajority, are trying to score political points by attacking the LGBTQ community,” Caudill said.

He encouraged committee chairs to let the bills die in committee.

Caudill also said the bill would hurt the state’s economic environment. Indiana wants to be welcoming, he said, but bills like these “give us a black eye” economically.

This isn’t the first time the Indiana legislature has turned its eye toward transgender children.

Last year, Davis authored House Bill 1041, which banned transgender girls from participating in girls school sports.

The Indiana legislature overrode a veto from Gov. Eric Holcomb, and the ban went into effect July 1. However, the ACLU challenged HB 1041 in court on behalf of a 10-year-old transgender girl, and a federal judge ruled in her favor last July.

Continue ReadingFort Wayne Journal Gazette covers 4 anti-trans house bills in 2023

House Bill 1232 – Denying child protective services to abused transgender children

UPDATE 02/13/2023 – A similar bill House Bill 1407, passed through the House and was referred to the Senate.

House Bill 1232 would deny Child Protective Services the means to remove psychologically or physically abused transgender children from their parents homes.

House Bill 1232
Introduced House Bill (H)
Authored by Rep. Ryan Lauer.
Co-Authored by Rep. Michelle Davis.

DIGEST
Child removal and gender identity. Provides that the department of child services may not classify a report of child abuse or neglect as substantiated, and a child may not be removed from the child’s parent, guardian, or custodian, solely on the basis of the parent, guardian, or custodian: (1) referring to and raising the child consistent with the child’s biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child’s perception of the child’s gender or sex in a manner inconsistent with the child’s biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child’s perception of the child’s gender or sex if the child’s perception is inconsistent with the child’s biological sex.

Actions for House Bill 1232
H0 1/12/2023 Representative Davis M added as coauthor
H 01/10/2023 First reading: referred to Committee on Family, Children and Human Affairs
H 01/10/2023 Authored by Representative Lauer

Link to PDF File of Introduced Bill: HB1232.01.INTR

News References:

Source: Herald Bulletin
Feb 9, 2023
GOP advances ‘parental rights’ bill targeting DCS policies for transgender children

Source: The Herald Bulletin Editorial Board
Feb 9, 2023
Editorial: Legislature resumes attack on LGBTQ kids

Continue ReadingHouse Bill 1232 – Denying child protective services to abused transgender children

House Bill 1231 – Civil Penalties for Gender Affirming Care

HB-1231 allows civil penalties for doctors who provide gender affirming medical care to young people, and bars health insurance companies from covering gender affirming care for young people (generally, insurance companies don’t cover currently cover surgeries for minors).

House Bill 1231
Introduced House Bill (H)
Authored by Rep. Ryan Lauer.
Co-Authored by Rep. J.D. Prescott, Rep. David Abbott.

DIGEST
Gender transition procedures for minors. Prohibits specified health care professionals from providing gender transition procedures to a minor that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Prohibits public funds, Medicaid, or a health carrier from providing reimbursement or coverage for gender transition procedures to a minor. Creates a civil cause of action. Makes conforming changes.

Actions for House Bill 1231
H 01/19/2023 Representatives Prescott and Abbott D added as coauthors
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Authored by Representative Lauer

Link to PDF File of Introduced Bill: HB1231.01.INTR

Continue ReadingHouse Bill 1231 – Civil Penalties for Gender Affirming Care

House Bill 1220 – Prohibiting Gender Affirming Care

Authored by Rep. Michelle Davis, HB-1220 Prohibits gender affirming care for young people under the age of 18. No attempt at differentiation between care for precocious puberty from transgender healthcare seems to be written into this bill. It’s possible children with precocious puberty could get swept up in this care denial. Considering kids with PP are the bulk of patients receiving puberty blockers, it will be interesting how they attempt to force clinical disclosure of the reason why blockers are prescribed.

House Bill 1220
Introduced House Bill (H)
Authored by Rep. Michelle Davis.
Co-Authored by Rep. Dale DeVon, Rep. Jake Teshka, Rep. Chris Judy.

DIGEST
Gender transition procedures for minors. Prohibits a physician or other practitioner from knowingly providing gender transition procedures to an individual who is less than 18 years of age (minor) that are intended to alter the gender of the minor or delay puberty. Provides for certain medical exceptions. Establishes civil enforcement actions.

Actions for House Bill 1220
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Coauthored by Representatives DeVon, Teshka, Judy
H 01/10/2023 Authored by Representative Davis

Link to PDF of introduce version of the bill: HB1220.01.INTR

Continue ReadingHouse Bill 1220 – Prohibiting Gender Affirming Care

House Bill 1118 – Criminalizing Gender Affirming Care

Authored by Rep. Lorissa Sweet, HB-1118 Defines gender affirming care as a form of conversion therapy and defines criminal penalties for parents and medical providers who affirm the self-identify of their transgender children.

Related House bills: House Bill 1220, House Bill 1231, House Bill 1589.
Related Senate bill: Senate Bill 480, which is moving in the Senate.

HOUSE BILL No. 1118
Introduced House Bill (H)
Authored by Rep. Lorissa Sweet.
Co-Authored by Rep. Zach Payne.

Prohibited services relating to care of minors. Prohibits specified health care professionals from: (1) performing, or causing to be performed, certain medical procedures on a minor; or (2) subjecting a minor to certain activities that purposely attempt to change, reinforce, or affirm a minor’s perception of the minor’s own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor’s gender identity when the identity is inconsistent with the minor’s biological sex.

ACTIONS:
H 01/12/2023 Representative Payne Z added as coauthor
H 01/10/2023 First reading: referred to Committee on Public Health
H 01/10/2023 Authored by Representative Sweet

Explanation of State Expenditures:

The bill would result in an increase in workload for the Department of Child Services (DCS) to investigate reports of health care professionals providing prohibited services under the bill to minors and refer cases to law enforcement. The Professional Licensing Agency (PLA) and applicable licensing boards may also experience additional workload to take disciplinary action against practitioners who are alleged to have violated the requirements of the bill. If health care professionals are convicted on felony charges under the bill, the Department of Correction (DOC) would incur additional costs for incarceration. Ultimately, total additional expenditures resulting from the bill will depend on legislative, administrative, and judicial decisions.

Additional Information:
A health care professional who violates provisions of the bill that prohibit certain medical procedures would commit a Level 5 felony. A Level 5 felony is punishable by a prison term ranging from 1 to 6 years, with an advisory sentence of 3 years. The sentence depends on mitigating and aggravating circumstances. The average expenditure to house an adult offender was $27,185 annually, or $74.43 daily, in FY 2022. (This does not include the cost of new construction.) If offenders can be housed in existing facilities with no additional staff, the marginal cost for medical care, food, and clothing is approximately $4,456 annually, or $12.21 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost of housing a juvenile in a state juvenile facility was $130,547, or $357.42 daily, in FY 2022. The marginal cost for juvenile facilities was $5,125 annually or $14.04 daily

The entire Level 5 sentence may be suspended and the person placed on either probation or community corrections. If no time is suspended, the offender can receive good time credit of 25% and educational credit time. After adjusting for credit time, the offender can be released from prison and placed on parole.

Explanation of State Revenues:
If civil actions are brought against health care professionals, the state General Fund and Common School Fund could collect additional revenue from court fees and criminal fines. Additionally, the PLA and applicable licensing boards could impose fines against violating practitioners, which would be deposited in the state General Fund. However, Licensing boards could also take action against a practitioner’s license, resulting in reduced state General Fund revenue from license fees. The bill’s overall impact on revenue will ultimately depend on administrative and judicial decisions.

Additional Information:

Penalty Provision:
If additional court cases occur and fines are collected, revenue to both the Common School Fund and the state General Fund would increase. The maximum fine for a Level 5 felony is $10,000. Criminal fines are deposited in the Common School Fund. The maximum fine for a Class A misdemeanor is $5,000.

If the case is filed in a circuit or superior court, 70% of the $120 criminal costs fee that is assessed and collected when a guilty verdict is entered would be deposited in the state General Fund. In addition, some or all of the following revenue is deposited into the state General Fund: automated record keeping fee ($20), judicial salaries fee ($20), public defense administration fee ($5), court administration fee ($5), judicial insurance adjustment fee ($1), and the DNA sample processing fee ($3).

Disciplinary Action:
The PLA may impose fines of up to $1,000 against practitioners who violate laws governing their profession. Revenue from fines is deposited in the state General Fund. Biennial license fees for the practitioners named in the bill range from $50 to $200 and are deposited in the state General Fund.

Explanation of Local Expenditures:
If more defendants are detained in county jails prior to their court hearings or receive jail sentences, local expenditures for jail operations may increase. However, any additional expenditures would likely be minimal. [A Class A misdemeanor is punishable by up to one year in jail.] County-owned hospitals could experience additional legal costs if they become involved in litigation against health care professionals practicing at their facilities.

The average cost per day is approximately $64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county jails across Indiana during CY 2021.

Explanation of Local Revenues:
If additional court actions occur and a guilty verdict is entered, local governments would receive revenue from the following sources. The county general fund would receive 27% of the $120 criminal costs fee that is assessed in a court of record. Cities and towns maintaining a law enforcement agency that prosecutes at least 50% of its ordinance violations in a court of record may receive 3% of the criminal costs fee. Persons found guilty of a felony or misdemeanor are also required to pay the document storage fee ($5), which is deposited into the clerk record perpetuation fund, and the jury fee ($2) and the law enforcement continuing education fee ($4), which are both deposited in the county user fee fund.

State Agencies Affected:
Department of Child Services; Professional Licensing Agency; Department of Correction.

Local Agencies Affected:
Trial courts; local law enforcement agencies.

Information Sources:
Margaux Auxier, Department of Correction; IC 35-50-2-7; IC 35-50-3-2; Legislative Services Agency, Indiana Handbook of Taxes, Revenues, and Appropriations, FY 2022; U.S. Department of Justice Marshals Service.

Fiscal Analyst:
Jasmine Noel, 317-234-1360.

Link to introduced version of the bill: HB1118.01.INTR

Continue ReadingHouse Bill 1118 – Criminalizing Gender Affirming Care

Indiana AG Todd Rokita files appeal on injunction of transgender sports ban law

Caroline Beck – Indianapolis Star

TAG: House Bill 1024

Indiana Attorney General Todd Rokita announced on Thursday that he filed an appeal of a district court’s preliminary injunction that blocked enforcement of Indiana’s transgender sports ban.

Rokita filed his appeal on Tuesday with the U.S. Court of Appeals for the Seventh Circuit saying that House Bill 1041 does not violate Title IX protections, which he says only mentions protections of “sex” and not “gender identity.”

“And in prohibiting ‘discrimination’ and exclusion from activities on the ‘basis of sex,’ Congress did not require schools to blind themselves to sex-based differences that affect athletic performance and safety,” reads the appeal.

U.S. District Judge for the Southern District of Indiana Jane Magnus-Stinson issued the preliminary injunction in July which allowed a 10-year-old girl at the heart of the legal challenge against a state ban targeting transgender athletes to rejoin her softball team.

The lawsuit claimed a new Indiana law banning transgender students from participating in all-female school sports amounts to discrimination under federal law guaranteeing equal access to education and educational programs. The law took effect July 1.

Rokita said in an emailed statement that allowing transgender athletes to compete alongside cis-gender female student-athletes is an “assault on girls’ equality of opportunity and even their physical safety.”

“Males possess certain physiological advantages that make them faster and stronger,” Rokita said. “And it’s unconscionable to ignore these scientific realities. The Left must stop sacrificing women’s well-being on the altar of transgender woke-ism.”

The American Civil Liberties Union of Indiana is who filed the original lawsuit against the Indianapolis Public School district which is where the 10-year-old’s softball team is located.

The ACLU of Indiana declined IndyStar’s request for comment on Thursday.

The plaintiff, who filed the lawsuit under her initials A.M., began identifying as a girl before she was four years old, according to Magnus-Stinson’s order. Her birth-assigned sex was male, Magnus-Stinson wrote, but in 2021 a state court changed the gender marker on her birth certificate to female.

The judge’s order only applies to the case of the 10-year-old.

The law was passed by both chambers in the state legislature earlier this year. Rep. Michelle Davis, R-Whiteland, wrote the bill that became law. On the Statehouse floor, she said it was written to “maintain fair competition in girls’ sports now and in the future.”

Gov. Eric Holcomb vetoed the bill in March. He said it attempted to target a problem that doesn’t exist in Indiana.

“It implies that the goals of consistency and fairness in competitive female sports are not currently being met,” Holcomb wrote in a letter explaining his veto. “After thorough review, I find no evidence to support either claim even if I support the overall goal.”

Both the state House and Senate overrode Holcomb’s veto in May, clearing the way for the law to take effect in July.

Advocates for the LGBTQ community have criticized the law, saying it is discriminatory and could further marginalize an already-vulnerable population of children who want to fit in and play sports with their friends.

IndyStar reporter Johnny Magdaleno contributed to this reporting.

Reference: https://www.indystar.com/story/news/2022/09/08/todd-rokita-files-appeal-on-injunction-of-transgender-sports-law/66846636007/

Continue ReadingIndiana AG Todd Rokita files appeal on injunction of transgender sports ban law

Judge says 10-year-old girl can rejoin softball team in blow to transgender sports ban

Johnny Magdaleno – Indianapolis Star

A federal judge has ordered that Indianapolis Public Schools must allow a 10-year-old girl at the heart of a legal challenge against a state ban targeting transgender athletes to rejoin her softball team.

U.S. District Judge for the Southern District of Indiana Jane Magnus-Stinson issued the preliminary injunction Tuesday in response to a lawsuit against IPS filed by the girl in federal court in May.

The lawsuit claimed a new Indiana law banning transgender students from participating in all-female school sports amounts to discrimination under federal law guaranteeing equal access to education and educational programs. The law took effect July 1.

A spokesperson for IPS told IndyStar it will comply with the court’s order.

“We will continue to support our students, including our transgender students, with the same care and attention we’ve demonstrated prior to the passage of (the law) and the filing of the current lawsuit,” the spokesperson said in a statement.

The plaintiff, who filed the lawsuit under her initials A.M., began identifying as a girl before she was four years old, according to Magnus-Stinson’s order. Her birth-assigned sex was male, Magnus-Stinson wrote, but in 2021 a state court changed the gender marker on her birth certificate to female.

The judge’s order only applies to the case of the 10-year-old.

In a Tuesday statement the ACLU of Indiana’s legal director Ken Falk said the legal organization was “pleased” by the decision. They filed the lawsuit on behalf of A.M.

When misinformation about biology and gender is used to bar transgender girls from school sports it amounts to the same form of sex discrimination that has long been prohibited under Title IX, a law that protects all students – including trans people – on the basis of sex,” Falk said.

The law was passed by both chambers in the state legislature earlier this year. Rep. Michelle Davis, R-Whiteland, wrote the bill that became the law. On the Statehouse floor she said it was written to “maintain fair competition in girls’ sports now and in the future.”

Advocates for the LGBTQ community criticized the law, saying it would further marginalize an already-vulnerable population of children who want to fit in and play sports with their friends.

Gov. Eric Holcomb vetoed the bill in March. He said it attempted to target a problem that doesn’t exist in Indiana.

“It implies that the goals of consistency and fairness in competitive female sports are not currently being met,” Holcomb wrote in a letter explaining his veto. “After thorough review, I find no evidence to support either claim even if I support the overall goal.”

Both the state House and Senate overrode Holcomb’s veto in May, clearing the way for the law to take effect earlier this month.

Magnus-Stinson wrote Tuesday that she was granting the preliminary injunction because A.M. “has a likelihood ofsucceeding on the merits of her claim” that the state law violates her civil rights guaranteed under federal law. She also said there wasn’t evidence the public would experience harm if she issued an injunction.

A.M.’s lawsuit challenging the law is ongoing.

IndyStar reporter Arika Herron contributed.

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Reference: https://www.indystar.com/story/news/education/2022/07/26/indiana-transgender-sports-ban-judge-says-girl-can-rejoin-softball/65383081007/

Continue ReadingJudge says 10-year-old girl can rejoin softball team in blow to transgender sports ban