New York becomes a 'safe haven' for minor sex-change surgeries, hormone drugs

By Samantha Kamman, Christian Post Reporter Tuesday, June 27, 2023

Trans activists and their supporters rally in support of transgenderism on the steps of New York City Hall, October 24, 2018, in New York City. The group gathered to speak out against the Trump administration's stance on there being two sexes and not innumerable genders. Last week, The New York Times reported on an unreleased administration memo that proposes a strict biological definition of sex based on biology. | Drew Angerer/Getty Images

New York has passed a law to become a so-called "safe haven" for trans-identified youths, barring state agencies and courts from cooperating with other state governments who may be investigating if people receive gender transition interventions in the state.

Gov. Kathy Hochul signed S.2475-B and A.6046-B on Sunday to amend existing laws to bar courts in certain cases from considering statutes from other states that would authorize removing a child from a parent or guardian's care based on the caretaker allowing the minor to undergo interventions to identify as the opposite sex.

In addition, the new "safe haven" bill prohibits authorities from cooperating with individual or out-of-state agencies in investigating people seeking sex-change surgeries or hormonal interventions in New York, as well as those who provide or aid someone in obtaining these services.

"As the birthplace of the modern movement for LGBTQ+ rights, New York is proud to protect, defend and affirm our LGBTQ+ community," Hochul said in a Sunday statement. "From Stonewall to Marriage Equality to GENDA, New Yorkers have been on the forefront of the fight for equal rights."

"Now, as other states target LGBTQ+ people with bigotry and fearmongering, New York is fighting back," she continued. "These new laws will enshrine our state as a beacon of hope, a safe haven for trans youth and their families, and ensure we continue to lead the nation on LGBTQ+ rights."

The "safe haven" legislation comes when about 20 states have enacted laws banning sex-change surgeries or hormonal interventions on minors with gender dysphoria. A federal judge this month struck down an Arkansas law seeking to ban these types of interventions for minors. However, the state plans to appeal the ruling.

U.S. District Judge James M. Moody, Jr. of the Eastern District of Arkansas, an Obama appointee, issued the decision on Tuesday. The judge's ruling struck down House Bill 1570, signed in 2021. The legislation is also known as the Save Adolescents From Experimentation Act or Act 626.

"It is widely recognized in the medical and mental health fields that, for many people with gender dysphoria, the clinically significant distress caused by the condition can be relieved only by living in accordance with their gender identity, which is referred to as gender transition," the Obama-appointed judge wrote.

"If Act 626 takes effect, adolescents whose parents and doctors agree that gender-affirming medical care is appropriate treatment for their gender dysphoria will be unable to receive that care in their home state and unable to get referrals from their doctors to receive care in other states. This will cause irreparable harm to the Plaintiff adolescents, Plaintiff parents and Plaintiff doctor."

As debates about allowing minors to surgically or hormonally transition continue in the United States, other countries have begun to take a more cautious approach as the number of children being referred for intervention services has exponentially increased in the past decade.

Earlier this month, England's National Health Service announced that it is restricting access to puberty blockers unless children participate in clinical trials. The NHS previously warned medical professionals last October that minors who profess that they identify as the opposite gender may be going through a "transient phase."

An independent review led by Dr. Hillary Cass, the former president of the Royal College of Paediatrics and Child Health, stated that "social transitioning" is not a "neutral act" and could have "significant effects" in terms of "psychological functioning."

While Sweden was the first country to introduce a legal gender transition, it has also taken steps to restrict hormonal interventions for minors, except in rare cases. As AFP reported, the country determined that mastectomies for teenage girls struggling with their gender identity should be limited to a research setting.

On Sunday, Hochul also signed legislation amending New York's mental hygiene law, requiring the Office of Addiction Services and Supports to ensure individuals receive addiction treatment regardless of their gender identity or sexual orientation.

Hochul also signed legislation to remove "stigmatizing language" from the definition of "sexual orientation" in New York's Human Rights Law.

As a result, the phrase "However, nothing contained herein shall be construed to protect conduct otherwise proscribed by law" has been struck from the definition of sexual orientation. It now reads, "The term' sexual orientation' means heterosexuality, homosexuality, bisexuality or asexuality, whether actual or perceived."

Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman