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 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

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”

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

2019 Indiana State Legislature: the Good, the Bad, and the Ugly

Source: Indiana Senate Democrats – The Good, the Bad and the Ugly: 2019 Edition

The Ugly

Bias Crimes

This session, Governor Holcomb made it a priority to pass bias crimes legislation. With the governor’s support, Senate Democrats were confident that Indiana would finally get a comprehensive bias crimes law on the books. Sen. Greg Taylor (D-Indianapolis) worked with the Republican author of SB 12, the bias crimes bill chosen to advance in the Senate, to get a clear, concise proposal containing a list of protected characteristics, passed out of the Senate Committee on Public Policy. Once the bill reached the floor, however, the Supermajority removed the list from the bill’s language. Despite protests by the Democratic caucus, Republicans chose to advance the watered down bill. After receiving backlash, however, Republicans took a different route, amending bias crimes language into an unrelated SB 198. Though the language included a list of protected classes, it left out age, sex and gender identity. Democrats fought to get these important characteristics added back into the bill with no success. Governor Holcomb, who promised to pass an inclusive and comprehensive bias crimes bill, mysteriously had a change of heart and decided that a non-inclusive bill that was ageist, sexist and transphobic was sufficient and signed the bill into law once it reached his desk.

All Democratic amendments removed from budget

Every single item that Senate Democrats have fought for over the past four months was removed from the budget in the final days of session. The Democratic Caucus fought to pass legislation that would improve the lives of Hoosiers and every one of our efforts was eliminated. Those efforts included protecting the Lake Michigan shoreline from erosion, providing adoption subsidies for foster parents to keep kids out of foster homes, relief for Hoosiers unable to pay interest fees on property taxes and funding the Mortgage Foreclosure Program requested by Indiana’s Supreme Court to help Hoosiers not lose their homes.

Shifting funding away from public education
The Statehouse Republican budget prioritizes private and voucher schools over public schools. Many schools in urban or poorer communities saw cuts to their complexity funding, and many of those that saw their total dollars increase, still did not receive increases that match the inflation rate. Moreover, funding for private and charter schools saw large increases, sometimes as much as 10 percent.

No teacher pay raises

This year, the General Assembly appeared to be in agreement that raising the salary of Indiana teachers was a priority. Despite that, only Indiana Democrats actually drafted and fought for legislation that would allocate new dollars to accomplish this goal. SB 399, drafted by Sen. Eddie Melton (D-Gary), was the only legislation drafted that would provide school corporations with a grant that would be used to specifically to raise teacher pay. The bill would have granted a 5% increase to teacher pay over the biennial, but it died without ever being given a committee hearing. Sen. Melton again attempted to ensure that a guaranteed teacher raise, offering an amendment to the budget with the same language included in his SB 399; it was defeated along party lines. Another Senate Democratic amendment to the budget would have placed a tax on cigarettes and mandated that some of the proceeds be used to raise teacher pay. The amendment was also defeated along party lines.

Attempt to legalize the shooting of teachers

In March, Indiana made national news when several news articles reported that teachers were left with bruises and welts after being shot with rubber pellets during school shooting simulations. To address this issue, language was added to Senate Bill 1253 that would require teachers to consent to being pelted during training. This came after language, added in committee, banning the practice altogether was removed from the bill. Unfortunately, the new proposal requiring teachers to consent failed to become law after Republican author Representative Jim Lucas stopped it from progressing due to other changes in the bill — changes that would have mandated training for all teachers who planned to carry firearms in schools.

Discrimination in publicly-funded private schools

Sen. J.D. Ford filed a bill this session, SB 344, and also offered an amendment to the budget to bar private schools receiving state voucher funds from discriminating against their students, staff and teachers. Both his bill and his amendment were defeated by the supermajority. Sen. Ford fought for this language in response news that Roncalli High School, which has received over $6.5 million in tax dollars, is terminating the employment of two employees simply because of their same-sex marriages.

 

Continue Reading2019 Indiana State Legislature: the Good, the Bad, and the Ugly