A heated debate has emerged in Illinois over a proposed bill that seeks to amend the Abused and Neglected Child Reporting Act.
State Rep. Anne Stava-Murray, a Democrat from Naperville, introduced House Bill 4876,
The bill aims to equate the denial of certain services, including sex changes, puberty blockers, and gender-affirming treatments, to child abuse.
The bill does not explicitly define “gender-affirming services” but refers to the definition provided in the Reproductive Health Act, which Governor J.B. Pritzker signed into law last year.
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Proponents of House Bill 4876 argue that denying children access to gender-affirming care, such as puberty blockers and gender reassignment surgeries, can have severe consequences for transgender individuals.
They believe that by denying these services, parents may subject their children to mental health issues and irreversible damage that can result from ‘a puberty’ that does not align with their gender identity.
However, according to the American Psychiatric Association (APA), gender dysphoria is a mental health condition.
“The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR) provides for one overarching diagnosis of gender dysphoria with separate specific criteria for children and for adolescents and adults,” the APA says.
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The DSM-5-TR defines gender dysphoria in adolescents and adults as a marked incongruence between one’s experienced/expressed gender and their assigned gender, lasting at least 6 months, as manifested by at least two of the following:
- A marked incongruence between one’s experienced/expressed gender and primary and/or secondary sex characteristics (or in young adolescents, the anticipated secondary sex characteristics)
- A strong desire to be rid of one’s primary and/or secondary sex characteristics because of a marked incongruence with one’s experienced/expressed gender (or in young adolescents, a desire to prevent the development of the anticipated secondary sex characteristics)
- A strong desire for the primary and/or secondary sex characteristics of the other gender
- A strong desire to be of the other gender (or some alternative gender different from one’s assigned gender)
- A strong desire to be treated as the other gender (or some alternative gender different from one’s assigned gender)
- A strong conviction that one has the typical feelings and reactions of the other gender (or some alternative gender different from one’s assigned gender)
In order to meet criteria for the diagnosis, the condition must also be associated with clinically significant distress or impairment in social, occupational, or other important areas of functioning.
The DSM-5-TR defines gender dysphoria in children as a marked incongruence between one’s experienced/expressed gender and assigned gender, lasting at least 6 months, as manifested by at least six of the following (one of which must be the first criterion):
- A strong desire to be of the other gender or an insistence that one is the other gender (or some alternative gender different from one’s assigned gender)
- In boys (assigned gender), a strong preference for cross-dressing or simulating female attire; or in girls (assigned gender), a strong preference for wearing only typical masculine clothing and a strong resistance to the wearing of typical feminine clothing
- A strong preference for cross-gender roles in make-believe play or fantasy play
- A strong preference for the toys, games or activities stereotypically used or engaged in by the other gender
- A strong preference for playmates of the other gender
- In boys (assigned gender), a strong rejection of typically masculine toys, games, and activities and a strong avoidance of rough-and-tumble play; or in girls (assigned gender), a strong rejection of typically feminine toys, games, and activities
- A strong dislike of one’s sexual anatomy
- A strong desire for the physical sex characteristics that match one’s experienced gender
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“Support for people with gender dysphoria may include open-ended exploration of their feelings and experiences of gender identity and expression, without the therapist having any pre-defined gender identity or expression outcome defined as preferable to another. Psychological attempts to force a transgender person to be cisgender (sometimes referred to as gender identity conversion efforts or so-called “gender identity conversion therapy”) are considered unethical and have been linked to adverse mental health outcomes,” said APA.
Opponents of Illinois House Bill 4876 argue that the bill goes beyond protecting transgender children and infringes on parental rights and say that the bill includes not only denial of abortion, hormone therapy, and gender surgeries but also a denial of “primary medical care” such as prescription drugs or vaccines.
If a minor chooses these treatments and parents deny them, they could be considered child abusers.
This broad definition of “gender-affirming services” raises questions about how much parental authority is being challenged.
If House Bill 4876 were to pass, it would expand the scope of mandated reporters of alleged child neglect and abuse. Mandated reporters, such as teachers and healthcare professionals, would be required to report cases where parents deny gender-affirming services to their children.
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Additionally, the bill would offer legal protection to doctors who perform these procedures against parental wishes. This aspect of the bill has drawn criticism from opponents who argue that it removes the potential for legal recourse if medical professionals proceed with treatments without parental consent.
As of now, House Bill 4876 remains in the House Rules committee. Its fate is yet to be determined, and the debate surrounding the bill continues to intensify. Supporters and opponents are actively voicing their concerns and advocating for their respective positions.
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