SALT LAKE CITY — After an emotional debate, the House of Representatives voted 58-14 in support of a bill that would put a moratorium on hormone treatments and ban gender affirmation surgeries for transgender youth.
"For me as a mother and a grandmother and as a nurse? I have a vested interest as all of us do in the health and wellbeing of Utah’s children," Rep. Katy Hall, R-South Ogden, the House sponsor of Senate Bill 16, said as she cried.
The bill was substituted on Thursday to remove a sunset date on the moratorium and allow a child that changes their mind about treatment to turn around and sue a health care provider. It would also have an immediate effective date upon signature of the governor.
"When these medical providers fail to do their due diligence? This sub allows the minor to withdraw their consent and bring a civil claim against the health care provider for the harm done," said Rep. Nelson Abbott, R-Orem.
Some Republicans on the House floor rallied support for the bill, while others expressed some concerns with targeting health care providers.
"Smoking cigarettes, drinking alcohol, voting, driving a car, there are so many areas where the law recognizes that children mentally, physically have not developed to the point to understand the risks, appreciate the risk," said Rep. Ken Ivory, R-West Jordan.
Rep. Ray Ward, R-Bountiful, said he had concern with the provision that allowed health care providers to be sued.
"Maybe this is the intention of the change, to make a standard so high no provider could ever get malpractice [insurance] for that," he said.
House Majority Leader Mike Schultz, R-Hooper, said he struggled with the bill but decided to support it.
"Many of us feel passionate about allowing parents the right to chose. But then you have on the other side the clear dangers that come with altering surgeries and drugs," he said.
Rep. Sahara Hayes, D-Millcreek, cried as she told House members the bill would hurt children.
"These are our nieces and nephews, these are the kids next door. This is your best friend's teenager," she said. "And not being able to get the health care they need is in and of itself, a permanent and limiting decision."
Following the vote, Sue Robbins of the LGBTQ rights group Equality Utah, said the substitute was worse than the original bill because it removed a sunset date on the moratorium, which they viewed as an de facto ban. Equality Utah has warned the bill could face a lawsuit if it passes and is signed into law.
"Parents feel like they’ve worked real hard to try and care for their youth, and this bill is taking away all the hard work they, their medical professionals and their mental health professionals have done in the care of their children. This bill is harmful," she said.
Last year, Governor Spencer Cox vetoed a bill the legislature passed that banned transgender student athletes. On Thursday, the governor told FOX 13 News he had no plans to veto this bill or a controversial one on teacher salaries and school choice scholarships.
"Not planning to veto either of them right now. We’ll see if there are any changes made, but right now we’re not planning to veto either of them," he said.
Asked if he felt comfortable with the bills as written, Gov. Cox replied: "Well, they’re not perfect but they don’t let me write the bills, so..."
SB16 will return to the Utah State Senate because it was substituted. A vote to concur with the changes could come as soon as Friday.
