It’s a sad, sad day in South Dakota, thanks to Republican Gov. Kristi Noem signing a regressive, restrictive anti-queer and anti-trans bill into law. On Monday, Noem signed HB 1080 (misleadingly titled the “Help Not Harm” bill, which we’ll dig into shortly) into law, a bill that bans safe and age-appropriate gender-affirming health care for trans and nonbinary youth. It specifically bars surgeries related to gender transition (relatively rare, if given at all, under 18) in addition to puberty blockers and hormonal therapies. The law, like others like it, also threatens health care providers who try to do the right thing by threatening them with losing their medical licenses and facing civil lawsuits if they provide the care anyway.
And here’s the thing: As Daily Kos continues to cover, gender-affirming care is health care. It is lifesaving care. All major medical associations back age-appropriate gender-affirming care—and the “age-appropriate” bit matters, because unlike what Republicans are yelling about, little kids are not waltzing in anywhere and getting surgeries at the drop of the hat. It’s simply not happening. Gender-affirming care can include things like puberty blockers, but can also be as noninvasive physically as encouraging the use of pronouns that differ from those assigned at birth. Gender-affirming care can be mental health care and social support, too!
With that in mind, unfortunately the bill has still been signed into law. First, the state House voted to advance the bill in a 60-10 vote, and then the state Senate voted 30-4 last week to send it to Noem’s desk. Noem’s support of the law isn’t at all surprising as she’s long been an anti-trans supporter of “fairness” in girls and women's sports, and, in fact, already signed SB 46 into law back in 2022, which bans trans girls from participating in girls’ sports teams.
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During a press release, Noem tried to frame her support of the anti-trans bill by saying conservatives are protecting youth from “harmful” and “permanent medical procedures,” but again, medical experts have already backed this health care as necessary and lifesaving health care. Research supports it. Physicians already specialize in it. The only people making this a major issue are conservatives who want to confuse people and bolster hate.
But Al Novstrup, who sponsored the bill in the Senate, used similar language in defending the anti-trans legislation, saying supporters of the bill simply “care deeply” about young people who are “struggling” with their identities. Novstrup suggested they want to provide trans youth with “true meaningful help” and not “physical damage.”
But again: It’s not physical damage. It’s health care. It’s research-backed health care. And if we want to be blunt, it’s truly none of their business. (I’m also afraid to know what Novstrup means by “true meaningful help,” but alas ...)
“I don’t know about you,” Democratic state Sen. Liz Larson, who opposes the legislation, said during a recent debate, “but I don’t need the state legislature when I’m in the doctor’s office.”
And this is really a valuable point for progressives: It’s all about bodily autonomy. The fight for trans rights—including trans-inclusive health care—goes hand in hand with the fight for abortion and reproductive health. Both issues are about bodily autonomy.
This law is set to go into effect on July 1, 2023. At the time of writing, dozens of states have pushed anti-trans legislation that would prevent trans youth from accessing safe and age-appropriate gender-affirming health care. As of late, Utah’s Republican Gov. Spencer Cox signed an anti-trans health care bill into law, banning safe and age-appropriate gender-affirming care for youth.
This is a scary and stressful time for queer people, especially for trans folks of all ages. We must move in solidarity and remember the fight for bodily autonomy is one and the same: contraceptives, abortion, gender-affirming care, and so on. Allies and advocates must move together and combat Republican hate and fearmongering, especially when it’s affecting people too young to even vote themselves.