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Missouri legislature passes restrictions on transgender health care and sports participation

The 9-year-old son of Daniel and Karen Bogard, pictured at his St. Louis County home on Wednesday, March 22, 2023, is one of the transgender Missourians who has been targeted by anti-trans policies, rhetoric, and legislation.
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漏 2024 外网天堂
The 9-year-old son of Rabbis Daniel and Karen Bogard, pictured at his St. Louis County home last March, is one of the transgender Missourians who could be affected by restrictions moving through the legislature.

Missouri lawmakers gave final approval Wednesday to restrictions on transgender minors receiving gender-affirming care and participating on school sports teams that align with their gender identity.

Members of the House voted 108-50 Wednesday to pass the legislation restricting gender-affirming health care and 109-49 to pass restricting sports participation.

Three Republicans joined Democrats in voting against the restrictions on gender-affirming health care. On school sports participation, two Republicans voted against the bill, while one Democrat voted present.

The chamber spent less than an hour discussing both bills, with Republicans voting to end debate twice.

The bills, which now go to Gov. Mike Parson, who is expected to sign them, are less restrictive than those in other Republican-leaning states but still provoked harsh criticism from Democrats who said they鈥檙e political ploys at the expense of a vulnerable part of Missouri鈥檚 LGBTQ community.

鈥淭he intent of everyone in this room is completely irrelevant. What is important to keep in mind is the impact of this legislation,鈥 said Rep. Ian Mackey, D-Clayton. 鈥淲hen I say that I'm hurt as a member of the LGBT community, not nearly to the extent as these little kids are.鈥

The bill from Sen. Mike Moon, R-Ash Grove, bars transgender youth under the age of 18 from accessing gender-affirming care like puberty blockers, hormone therapy and gender transition surgery.

Gender-affirming care includes medical and mental health care treatments as well as social support.

Sen. Mike Moon, R-Ash Grove, on Wednesday, Jan. 4, 2023, during the first day of the legislative session at the Missouri State Capitol in Jefferson City.
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Sen. Mike Moon, R-Ash Grove, in January during the first day of the legislative session at the Missouri State Capitol in Jefferson City. Moon introduced legislation that would push to ban gender-affirming care for transgender people under age 18. 鈥淭he whole point of this initiative, this measure, is to protect the most innocent, the most vulnerable among us,鈥 Moon said of his legislation that passed the Missouri Senate earlier this year.

The practice is supported by multiple medical associations, including the American Academy of Pediatrics and the American Medical Association. Doctors say it鈥檚 rare for minors to undergo any form of transition-related surgery before the age of 18.

House Republicans repeated their stance on Wednesday that the bill is about protecting children.

鈥淥ne thing that is often alleged or insinuated is that we are hypocrites, because we are the party of small government, and yet we are advocating for government involvement in this area,鈥 said Rep. Brad Hudson, R-Cape Fair. 鈥淪mall government Republicans have never said that it is inappropriate for the government to get involved when it comes to protecting children.鈥

Legislation by Sen. Holly Rehder, R-Sikeston, bars transgender athletes from participating on school sports teams that correspond with their gender identity through the collegiate level. It also applies to public, charter and private schools.

鈥淭his bill is not about limiting anyone's ability to play sports. It's about protecting the fair and competitive balance that we currently have in women's sports,鈥 Rep. Brian Seitz, R-Branson, said.

The Missouri State High School Activities Association already has guidelines on sports participation for transgender athletes, as does the NCAA for college sports.

Rep. Peter Merideth, D-St. Louis, said the discussions on this bill show the ignorance and bigotry of the Republican-run chamber.

鈥淭his bill is the epitome of bullying the most vulnerable kids in our state,鈥 Merideth said.

Chelsea Freels, a 17-year-old high school junior, on Thursday, April 20, 2023, outside her home in Richmond Heights, Mo. Freels is one of the hundreds of transgender Missourians who have been targeted by anti-trans policies from Jefferson City.
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漏 2024 外网天堂
Chelsea Freels, a 17-year-old high school junior, on April 20 outside her home in Richmond Heights, Mo. Freels is one of the hundreds of transgender Missourians who could be affected by restrictions moving through the legislature. "The goal is to erase trans people and score as much political capital while you can,鈥 Freels said, in part, while adding her multiple visits to Missouri鈥檚 Capitol to speak against anti-trans legislation were necessary. "I have a sense of duty to testify. Otherwise, people are going to be harmed."

In order to pass the health care restrictions through the Senate, Republicans in the upper chamber included compromise language that exempted minors already receiving gender-affirming care, including puberty blockers and hormone treatment, from the ban.

Additionally, part of the health care restrictions as well as the entirety of the sports participation bill are set to expire in four years, which means that Senate Democrats could filibuster any attempt to reauthorize the legislation.

While some House Republicans wanted to pass their version of the gender-affirming care ban, which did not contain the clause exempting existing patients, Senate Republicans were firm that their version of the bill would be the one that passed.

Hudson spoke on the House version of the bill and its lack of movement while presenting the Senate bills on the floor.

鈥淏ecause of little to no action over there, that piece of legislation will most likely die at six o'clock on Friday," Hudson said, when the legislative session ends. 鈥淚t is now up to the Missouri House to finish this job.鈥

Parson also threatened to call lawmakers into special session if they did not get either the transgender health care or sports legislation completed before Friday.

Members of the Missouri House of Representatives mingle on Jan. 4 before the start of the legislative session at the Missouri State Capitol in Jefferson City.
Brian Munoz
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漏 2024 外网天堂
Members of the Missouri House of Representatives mingle on Jan. 4 before the start of the 2023 legislative session at the Missouri State Capitol in Jefferson City.

Missouri follows other GOP-led states

Missouri is one of several Republican-leaning states that have passed restrictions or outright bans on gender-affirming care to minors. For the most part, Republicans contend that treatment is inappropriate for people under 18 鈥 and that anyone seeking hormone therapy or gender transition surgery should wait until they鈥檙e adults.

Many GOP lawmakers say they were prodded to pass the gender-affirming care ban by their constituents.

鈥淚t's not a hateful thing,鈥 said Rep. Wendy Hausman, R-St. Peters. 鈥淲e just have very strong passions in what we believe in.鈥

But primarily Democratic critics of the idea say that prohibiting gender-affirming care runs counter to the advice of medical organizations and doctors. They鈥檝e also pushed back against contentions that puberty blockers or hormone therapy are dangerous or experimental, adding that it can often help alleviate depression or anxiety among transgender youth.

鈥淚t is not the terrible things that the gentleman [Hudson] is saying like the mutilation of children,鈥 said House Minority Leader Crystal Quade, D-Springfield. 鈥淲e're talking about keeping kids from killing themselves by being able to go see a doctor.鈥

They also contend that the issue is essentially a solution in search of a problem, adding that it鈥檚 only reaching critical mass among Republican voters due to conservative media outlets and social media influencers amplifying negative coverage of gender-affirming care.

Missouri Rep. Barbara Phifer, D-St. Louis, who also is a retired United Methodist minister, speaks to the media alongside faith leaders suing to challenge Missouri鈥檚 abortion bans and restrictions on the basis of separation of church and state on Thursday, Jan. 19, 2023, during a march to the St. Louis Circuit Court in downtown St. Louis.
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漏 2024 外网天堂
Missouri Rep. Barbara Phifer, D-St. Louis, who also is a retired United Methodist minister, speaks to the media alongside faith leaders suing to challenge Missouri鈥檚 abortion bans and restrictions on the basis of separation of church and state on Jan 19 in downtown St. Louis.

Rep. Barbara Phifer, D-Kirkwood, who has a transgender grandson, said she doubted that Wednesday would be the last time lawmakers would go after Missouri鈥檚 transgender community.

鈥淎nytime you start persecuting one group of people, horror follows,鈥 Phifer said. 鈥淎nd we just need to be very aware of that.鈥

Efforts to pass the gender-affirming care ban faced complications in April when Attorney General Andrew Bailey issued emergency rules that substantially restricted transgender adults and minors from accessing hormone therapy and gender transition surgery. Bailey鈥檚 rules clashed with GOP legislator messaging that they should pass Moon鈥檚 bill to protect children.

Some Republican legislators, including Senate President Pro Tem Caleb Rowden, said they do not support restrictions on transgender adults. And Secretary of State Jay Ashcroft, a candidate for governor, also said that transgender adults should be able to make their own decisions.

鈥淚f you're an adult, you can make all kinds of decisions where maybe I don't think it's the right decision. But part of freedom is you make decisions I don鈥檛 like,鈥 said state Rep. Bill Hardwick, R-Pulaski County. 鈥淏ut children are entirely different.鈥

Bailey鈥檚 rules are on hold while they are being challenged in court in St. Louis County.

PROMO, ACLU slam legislation

Reaction to the legislature's decision from LBGTQ advocates and their allies was swift.

鈥淭he lives of transgender people in our state 鈥 and in our country 鈥 have not only been prioritized as political pawns for elected leaders to advance their careers, but the rhetoric around who transgender Missourians truly are has become [chock]-full of disgusting lies and dangerous misunderstandings," said a statement from PROMO, a group that advocates for LGBTQ rights.

The ACLU of Missouri released a statement that said the bills "attempt to erase transness from Missouri."

"Every person in the state should be alarmed by this weaponization of the government to intimidate people through the denial of basic health care and exclusion from extracurricular activities," the ACLU of Missouri's statement continued. "The ACLU of Missouri will continue to explore all options to fight these bans and to expand the rights of trans Missourians.鈥

Yamelsie Rodr铆guez, president and CEO, Planned Parenthood of the St. Louis Region and Southwest Missouri, said in a statement that her organization "will continue to do everything in our power to ensure all patients are supported, seen, and cared for."

"Any patient wanting to continue their gender-affirming care in a state that welcomes people of all identities: Our Fairview Heights, Illinois, health center is open to you, and we are here to help you make plans to get care," Rodr铆guez said.

Brandon Hill, interim president and CEO of Vivent Health, a leading provider of HIV prevention, care and support, said that the bill "reinforces the prejudices and injustices that lead to poor health outcomes among our LGBTQ+ community, including significant heightened risk for self-harm and suicide.鈥

鈥淢ake no mistake, every time individuals are stigmatized by legislation such as this, they are pushed further away from receiving the life-saving health care they need,鈥 Hill said.

After the vote, Rep. Chris Sander, a Lone Jack Republican who voted against both bills, said he was upset that he didn鈥檛 get to speak out against either piece of legislation.

鈥淎nd on marriage, we've won. There's no taking that back,鈥 Sander said. 鈥淪o they're picking a new fight on trans people who are kids.鈥

Sander, one of two openly gay Republicans in the House, said he doubted that his colleagues were finished with pushing transgender-related legislation.

鈥淚t's like baby steps,鈥 Sander said. 鈥淭hey're not gonna quit. And that's why I'm not going to quit.鈥

Quade also expressed doubts that Republicans would cease trying to pass legislation that affect transgender people.

鈥淲e're going to continue to stand and fight against government intrusion and overreach in personal freedoms and liberties. And that's exactly what this is,鈥 Quade said. 鈥淵ou can have feelings about being confused about the trans community or something that you don't understand. But it is 鈥 our responsibility as lawmakers to do our due diligence and understand something before we legislate it.鈥

Sarah Kellogg is a Missouri Statehouse and Politics Reporter for 漏 2024 外网天堂 and other public radio stations across the state.
Jason is the politics correspondent for 漏 2024 外网天堂.