A bill that would extend jurisdictional protections to youth undertaking medically necessary gender-affirming care, their parents and medical professionals cleared the state Senate Committees on Health and Human Services and Commerce and Consumer Protection on Wednesday.
Senate Bill 1150, also known as the Health Care Access Protection Act, would expand the protections established under Act 2, Session Laws of Hawaii, 2023, to include gender-affirming health care services and clarify jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act for cases involving children who obtain gender-affirming health care services in the state. If enacted, the legislation would effectively establish that an out-of-state agency following their laws of their state would not have jurisdiction to remove a child from their parent or guardian based on that parent or guardian allowing the child to receive gender-affirming care.
The measure was supported by the state Department of the Attorney General, the Democratic Party of Hawaii, Rainbow Family 808, QueerDoc, the Hawaii State LGBTQ+ Commission, and numerous other organizations and individual testifiers.
“An injury to one is an injury to us all,” Michael Golojuch, Jr., testified on behalf on Pride at Work – Hawaii. “When our keiki, our ohana, or any member of the LGBTQIA+ community members face barriers to life-saving health care, it is a direct attack on our collective well-being and shared values of aloha and inclusion. The ability to access gender-affirming care should never be a political issue. It is a matter of dignity, safety and fundamental human rights. We cannot allow discrimination and harmful policies from other states to dictate the health and safety of those who call Hawaii home.”
Several individuals testified in opposition to the measure, arguing that it infringes on the rights of parents to make health care decisions for their children and that gender-affirming health care is not medically necessary.
In written testimony submitted to the committees, Hawaii Family Forum president Eva Andrade stated that research does not support medical interventions for “gender-confused” minors, medical transition has not been shown to reduce youth suicides, gender dysphoria usually resolves by adulthood, the increase in gender dysphoria is likely driven by social factors and sex education for early elementary school children, including “transgender ideology,” has not been shown by research to be beneficial.
The measure passed the Committee on Health and Human Services on a 4-1 vote and the Committee on Commerce and Consumer Protection, 3-1, with Republican members Kurt Fevella and Brenton Awa, respectively, voting in opposition.
“The advancement of this bill out of committee is not only a victory for transgender individuals and their families but also a crucial step closer to protecting Hawaii’s healthcare providers from politically motivated attacks,” the Stonewall Caucus of the Democratic Party of Hawaii said in a statement released on Wednesday. “All major medical organizations, including the American Medical Association, the American Academy of Pediatrics and the Endocrine Society recognize gender-affirming care as evidence-based, medically necessary, and often life-saving.
“Ensuring protections for one group’s access to healthcare sets an important precedent for safeguarding all medical care in Hawaii,” the statement continued. When a government allows outside political forces to dictate who can and cannot receive treatment, the rights of all patients become vulnerable. By advancing SB1150, Hawaii’s legislators reaffirm the state’s commitment to basic human rights, dignity, and the well-being of all its residents.”
Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.
