February 2023

4 entries from February 2023.

Mississippi enacted HB1125 banning gender-affirming care for transgender minors and revoking providers' licenses

On February 28, 2023, Mississippi Gov. Tate Reeves signed HB1125, the Regulate Experimental Adolescent Procedures (REAP) Act, making Mississippi the seventh state to bar minors from receiving puberty blockers, hormone therapy, or gender-transition surgery. The law, which took effect immediately, strips the medical license of any provider who furnishes such care, blocks public funds and Medicaid from covering it, and lets patients sue providers for up to 30 years. It was passed by the Republican-led Mississippi Legislature over objections from LGBTQ advocates and medical groups.

Arkansas enacted Act 131 restricting 'adult-oriented performances' after narrowing an explicit drag ban

On February 24, 2023, Arkansas Gov. Sarah Huckabee Sanders signed Senate Bill 43 into law as Act 131, adding a definition of "adult-oriented performance" to state code and barring such performances on public property, with public funds, or where minors are present. As introduced, the bill explicitly defined drag by reference to a performer's gender identity and classified it as a regulated adult-oriented business, but sponsors rewrote it twice to remove all references to drag and gender identity after opposition from LGBTQ advocates and the ACLU of Arkansas. The enacted content-based version reframed the restriction around nudity, prosthetic genitalia, and appeals to the "prurient interest."

Utah enacted S.B. 100, barring schools from changing students' gender-identity records without parental consent

On February 16, 2023, Utah Gov. Spencer Cox signed S.B. 100, "School Gender Identity Policies," enacting Utah Code 53E-9-205. The law requires schools and local education agencies to ensure no policy shields a student's education record from the parent, and specifically bars any change to a student's education record regarding gender identity that does not conform to the student's sex without written parental consent. Because gender identity is the only record category singled out for this requirement, a school cannot document a student's social transition without parental notification and sign-off.

South Dakota Gov. Noem signed HB1080, banning gender-affirming care for transgender minors

On February 13, 2023, South Dakota Gov. Kristi Noem signed HB 1080, the "Help Not Harm" Act, barring health care professionals from providing puberty blockers, hormone therapy, or surgical interventions to transgender minors for the purpose of gender transition. Providers already treating trans minors were required to taper them off medication by December 31, 2023, and violators face license revocation and civil liability. South Dakota became one of the first states in 2023 to enact such a ban.