South Carolina’s Republican governor, Henry McMaster, recently signed a law banning gender-affirming medical care for minors in the state. The measure, known as H 4624, aims to protect children from irreversible gender transition procedures and prohibits the use of public funds for such treatments. The law passed with strong support in both the state Senate and House, joining over 20 other states in restricting gender-affirming care for transgender minors.
The legislation immediately bars physicians from providing hormone treatments, puberty blockers, and surgeries to minors in South Carolina. Although surgical procedures are rarely performed on children, major medical associations support the use of gender-affirming care for individuals experiencing gender dysphoria. The law includes provisions for physicians to continue providing hormone treatments and puberty blockers to minors prescribed prior to August 1, 2024, if immediately discontinuing the treatment would cause harm.
Health care professionals in South Carolina who provide gender-affirming care to minors outside the law’s limits may face discipline from their licensing entity and be subject to civil lawsuits. Physicians performing surgery on minors could be charged with inflicting great bodily injury and face up to 20 years in prison if convicted. Additionally, school officials are required to notify parents or guardians if a minor expresses a gender identity that does not align with their sex assigned at birth or requests the use of different pronouns.
Critics of the law, including the American Civil Liberties Union and the Human Rights Campaign, argue that it violates personal freedoms, tramples on the rights of trans South Carolinians, and interferes with parental rights. The Human Rights Campaign believes that the law will worsen the health care crisis for the transgender community in South Carolina and restrict access to care for transgender youth. This legislation represents a broader trend of states across the country enacting similar restrictions on gender-affirming care for minors.
Legal challenges to these health care restrictions have emerged, leading to conflicting rulings from federal judges and circuit courts. This has put pressure on the US Supreme Court to address the issue and potentially weigh in on the constitutionality of banning gender-affirming care for transgender minors. South Carolina’s law adds to the ongoing debate surrounding LGBTQ rights, health care access, and parental autonomy in decisions regarding minors’ medical care. The outcome of these legal challenges and the potential involvement of the Supreme Court will have far-reaching implications for transgender individuals and their access to necessary medical treatments.
