Sen. Stacey Donato

House Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

UPDATE 02/22/2023 – This bill was passed amended by House
UPDATE 02/24/2023 – Referred to the Senate

House Bill 1608 Bans any discussion of same-sex couples or transgender people in K-3 classrooms or elementary schools. This would outlaw teachers with same-sex partners mentioning their family or students with two same-sex parents discussing their family at school. Would ban children’s books like “Tango Makes Three” about same-sex penguin couples having a child.

Updated Analysis – Drastic alterations to the bill target trans children in schools, including allowing bullying, harassment by students and staff and outing gender non-conforming students to Parents.

House Bill 1608
Authored by Rep. Michelle Davis.
Co-Authored by Rep. Jake Teshka, Rep. Chris Jeter, Rep. Robert Heaton.
Sponsored by Sen. Stacey Donato, Sen. Jeff Raatz, Sen. Gary Byrne.

Original DIGEST
Sexual orientation and gender identity instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 in which the goal or purpose of the instruction is to study, explore, or inform students about sexual orientation, gender identity, or certain other concepts. Defines “school” for purposes of this provision.

AMENDED DIGEST
Synopsis: Human sexuality instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 on human sexuality. Provides that a school employee or a school staff member is not prohibited from responding to a question from a student regarding certain topics. Provides that an employee or staff member of a school may only use a name, pronoun, title, or other word to identify a student that is inconsistent with the student’s sex if the student, who is an adult or an emancipated minor, or the parent of an unemancipated minor requests in writing the use of a specific name, pronoun, title, or other word to identify the student. Provides that a request must be submitted at the beginning of a school year. Requires a school to notify the parent of a certain student of a request made by the student to change the student’s name, pronoun, title, or other word to identify the student that is inconsistent with the student’s sex. Provides that a school may not discipline an employee or staff member of the school for using a name, pronoun, title, or other word to identify a student that is consistent with the student’s legal name.

Actions for House Bill 1608
H 02/24/2023 Referred to the Senate
H 02/23/2023 Senate sponsors: Senators Donato, Raatz, Byrne
H 02/23/2023 Third reading: passed; Roll Call 220: yeas 65, nays 29
H 02/22/2023 Second reading: ordered engrossed
H 02/20/2023 Committee report: amend do pass, adopted
H 01/19/2023 First reading: referred to Committee on Education
H 01/19/2023 Coauthored by Representatives Teshka, Jeter, Heaton
H 01/19/2023 Authored by Representative Davis

Link to local PDF File of the Introduced Bill: HB1608.01.INTR
Link to local PDF File of the House Roll Call Vote: HB1608.220_H-roll-call-vote

News References:

Source: – February 10, 2023

Continue ReadingHouse Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

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

House Bill 1407: Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care

UPDATE 02/23/2023 – passed in the house as amended with amendment 2, Referred to the Senate. See senate sponsors. DIGEST OF HB 1407 (Updated February 21, 2023 2:46 pm PDF file: HB1407.03.ENGH-passed-house

UPDATE 02/13/2023 – this bill passed out of committee and will appear before the full house.

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Summary:
House Bill 1407 Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care. Allows non-custodial parents the right to interfere with custodial parents rights to child care if child is transgender.

House Bill 1407
Authored by Rep. Dale DeVon.
Co-Authored by Rep. Chris Jeter, Rep. Robert Heaton, Rep. Lindsay Patterson.
Sponsored by Sen. Aaron Freeman, Sen. Stacey Donato, Sen. Jeff Raatz.

DIGEST
Parental rights. Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent’s child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent’s rights with respect to the upbringing, education, and health care of the parent’s child. Provides that a child is not a child in need of services due to the child’s 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. Provides that a juvenile court may not enter a dispositional decree ordering removal of a child from the home of the child’s parent, guardian, or custodian if: (1) the juvenile court has found the child to be a child in need of services under a specified statutory definition of a child in need of services; and (2) the parent, guardian, or custodian of the child: (A) is a fit parent, guardian, or custodian of the child; and (B) does not consent to the child being removed from the child’s home.

Actions for House Bill 1407
H 02/23/2023 Referred to the Senate
H 02/22/2023 Senate sponsors: Senators Freeman, Donato, Raatz
H 02/22/2023 Third reading: passed; Roll Call 199: yeas 58, nays 33 – PDF file of Roll Call: HB1407.199_H-roll-call
H 02/21/2023 Amendment #2 (Jeter) prevailed; voice vote – PDF file of amendment: HB1407.02.COMH.AMH002
H 02/21/2023 Second reading: amended, ordered engrossed
H 02/20/2023 Placed back on second reading
H 02/16/2023 Second reading: ordered engrossed
H 02/13/2023 Passed out of committee
H 02/06/2023 Representative Patterson L added as coauthor
H 01/31/2023 Representative Heaton added as coauthor
H 01/31/2023 Representative Jeter C added as coauthor
H 01/17/2023 First reading: referred to Committee on Family, Children and Human Affairs
H 01/17/2023 Authored by Representative DeVon

Link to PDF File of Introduced Bill: HB1407.01.INTR
Link to PDF File of 2nd Amendment passed: HB1407.02.COMH.AMH002
Link to PDF File of Roll Call Vote: HB1407.199_H-roll-call
Link to PDF File of Senate Version:

News References:

Source: Indy Star – February 10, 2023
House committee OKs bill seen as anti-transgender targeting DCS care

Source: Herald Bulletin – February 12, 2023
GOP advances ‘parental rights’ bill targeting DCS policies for transgender children

Source: WTHR – February 17, 2023
Faith leaders condemn Indiana bills they say are hateful to trans youth

Source: TheStatehouseFile.com – Feb 21, 2023
‘Parental rights’ bill concerning gender identity in kids sees second reading in House

Source: Indiana Capitol Chronicle – February 23, 2023
House passes bill supporting parents in transgender DCS cases

DCS told the Capital Chronicle that it does not open cases solely because parents don’t support transitions.

In Cox’s case, DCS removed the child after reports of the parents verbally abusing the child and refusing to treat the child’s eating disorder. An October ruling from the Indiana Court of Appeals affirmed DCS’ actions.

“The Parents have the right to exercise their religious beliefs, but they do not have the right to exercise them in a manner that causes physical or emotional harm to Child,” the court ruled.

Continue ReadingHouse Bill 1407: Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care

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