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New York Becomes a “Safe Haven” for Parents Seeking “Gender Affirming Care” for Children

In June the state of New York joined the ranks of California and Washington by signing into law a pair of bills that allow parents to take their children from states with laws prohibiting adults from giving minors so-called “gender affirming care” to seek these services and safe harbor from legal retribution.

In a statement on June 25th, Governor Kathy Hochul said: “As the birthplace of the modern movement for LGBTQ+ rights, New York is proud to protect, defend and affirm our LGBTQ+ community,” Governor Hochul said. “From Stonewall to Marriage Equality to GENDA, New Yorkers have been on the forefront of the fight for equal rights. Now, as other states target LGBTQ+ people with bigotry and fearmongering, New York is fighting back. These new laws will enshrine our state as a beacon of hope, a safe haven for trans youth and their families, and ensure we continue to lead the nation on LGBTQ+ rights.”

S.2475-B/A.6046-B would prohibit the consideration of a law of another state that authorizes a child to be removed from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming care in custody cases, law enforcement agencies from cooperating with or providing information to any individual or out-of-state agency or department regarding the provision of lawful gender-affirming care performed in this state, the issuance of a subpoena in connection with certain out-of-state proceedings relating to seeking health or related information about people who come to New York to receive gender-affirming care, and the arrest of a person for performing or aiding in the lawful performance of gender-affirming care within this state

So far, 19 states have enacted laws prohibiting so-called “gender affirming care” for minor children. Last month, however, both Arkansas and Florida had their laws shot down in court.

U.S. District Judge Robert Hinkle declared that Florida’s law prohibiting the use of taxpayer funded Medicaid to pay for so-called “gender affirming care” violated the federal Medicaid statute, the Equal Protection Clause, and the Affordable Care Act’s prohibition of sex discrimination. In June of 2022, Florida’s Health Department released a report that found “these treatments do not conform to GAPMS (Generally Accepted Professional Medical Standards) and are experimental and investigational.”

On June 20th, Obama-appointed US District Judge Jay Moody issued a permanent injunction against Arkansas’ law banning “gender affirming care” for children, ruling it unconstitutional, violating due process and equal protection rights of “transgender” youth and families. He also ruled that the law violated the First Amendment rights of providers.

Similar laws have been temporarily blocked in Alabama and Indiana.

As laws created to protect minor children from irreversible procedures are being passed (and in many cases blocked by courts), many states, like New York, Washington and California, are working fast and furiously to not only allow these services for minor children but create sanctuary from states that are working to protect children.

Additionally, and even more concerning, is that these states are working to remove parents who are trying to protect their children from becoming prey to the gender cult as seen in Washington’s SB 5599 and HB 1469 and California’s AB 665, currently moving through the legislature. These laws created in the name of “protecting transgender youth” put children across the country at great risk for transgender trafficking.

As Florida Surgeon General stated in a May 11, 2022 tweet: “Fear is not part of the scientific method. No doctor or scientist should fear speaking out against dubious ideas, especially when those ideas are not backed by high quality evidence.”

The same is true for parents and citizens. Do not cower in fear and keep silent. We must speak up to protect our children across this country and to preserve the rights of parents as the primary stakeholders in their children’s lives.

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