An Alabama senator is proposing legislation that would significantly extend the time frame for individuals to sue healthcare providers over gender-affirming care they received as minors.
According to the Alabama Daily News, Senator Arthur Orr’s bill would give individuals 15 years after turning 19 to file lawsuits against doctors and counselors who provided them with gender-affirming treatments, such as puberty blockers, hormones, or surgery. This is a stark contrast to the typical two-year statute of limitations for medical malpractice claims.
Orr argues that the bill aims to protect children from making irreversible decisions about their gender identity before they are fully mature. He expressed concern about the long-term consequences of these treatments and the potential for regret later in life.
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“It would be very difficult to attack a mere extension of the statute of limitations for bringing a lawsuit against a provider that facilitated and pushed a child (toward a transformation procedure or care),” Orr told the outlet. “It is disturbing that you would allow a child to make a life-changing decision that is irreversible in most cases.”
However, opponents of the bill argue that it creates unnecessary barriers to accessing essential healthcare for transgender youth. They emphasize that gender-affirming care is provided only after extensive evaluation and counseling, and that regret rates are extremely low.
Background and Legal Context
This proposed legislation follows Alabama’s controversial 2022 law that criminalized providing gender-affirming care to minors. While that law faces ongoing legal challenges, Orr’s bill seeks to provide an avenue for legal recourse should the ban be overturned.
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Similar Legislation and Concerns
Arkansas enacted a similar law in 2023, extending the statute of limitations for lawsuits related to gender-affirming care for minors. Critics of such laws argue that they are based on misinformation and contribute to the stigmatization of transgender individuals.
Orr maintains that his bill is intended to protect children and hopes it will never be needed. However, the proposed legislation is likely to face strong opposition from advocates for transgender rights and healthcare providers who support access to gender-affirming care.
The Alabama legislative session begins on February 4th, where this bill is expected to be a subject of intense debate.
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