Cotton, Banks spearhead bill allowing adults to sue doctors who transitioned them as minors

Sen. Tom Cotton, R-Ark., and Rep. Jim Banks, R-Ind., are introducing legislation Wednesday in Congress that would allow adults to sue doctors who perform gender transition procedures on them up to 30 years after they turn 18.

Under the Protecting Minors from Medical Malpractice Act, patients or their legal guardians would be able to seek declaratory or injunctive relief against such practitioners, as well as compensatory damages and attorneys' fees. The provisions would apply only to procedures performed after the bill becomes law.

The proposed law also clarifies that federal law cannot be construed to force medical practitioners to offer such procedures and prohibits federal health funds from going to states that force doctors to perform them.

To define a "gender-transition procedure," the bill draws on definitions laid out in a March fact sheet from the Department of Health and Human Services, which claimed gender-affirming care includes social affirmation at any age, puberty blockers during puberty and cross-sex hormone therapy starting during early adolescence. Irreversible surgery to both breasts or genitalia is "typically used in adulthood or case-by-case basis in adolescence," according to the agency.

The bill also specifically defines biological sex as "the genetic classification of an individual as male or female, as reflected in the organization of the body of such individual for a reproductive role or capacity, such as through sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth, without regard to the subjective sense of identity of the individual."