Thu. Mar 13th, 2025

Transgender flags being held by people during a demonstration. (Getty Images)

Republican and Democratic lawmakers engaged in heated back and forth during a Wednesday hearing on a bill that would ban gender-affirming medical care for Wisconsin youth.

The bill is among an increasing number of anti-trans bills being introduced across the country, and it’s the fourth bill related to transgender youth to get a hearing in the Wisconsin Assembly in the last two weeks.

According to the Trans Legislation Tracker, 738 bills have been introduced across the country in 2025. The increase in bills comes as President Donald Trump has signed a series of executive orders that target transgender people as well as gender-affirming care. 

Bill authors Sen. Cory Tomczyk (R-Mosinee) and Rep. Scott Allen (R-Waukesha) said they just want to “protect” children.  

“I am not here to tell any adult what he or she should do with his or her own body,” Tomczyk said. “A person who is 18 years of age or older has the ability to get a tattoo, get married, buy a gun, serve his or her country… without receiving permission from someone else. Getting irreversible gender reassignment surgery is another one of those things.”

The bill — AB 104 — would ban gender-affirming care for people under the age of 18. It would prohibit health care providers from engaging in or making referrals for medical intervention “if done for the purpose of changing the minor’s body to correspond to a sex that is discordant with the minor’s biological sex,” including prescribing puberty-blocking drugs or gender-affirming surgery for minors.

The bill includes a handful of exceptions — including if a “health care provider is providing a service in accordance with a good faith medical decision of a parent or guardian of a minor born with a medically verifiable genetic disorder of sex development” — but is otherwise a general ban on the care.

Under the bill, health care providers could be investigated if there are allegations that they have provided this type of care to a minor and could have their licenses revoked by the Board of Nursing, the Medical Examining Board or the Physician Assistant Affiliated Credentialing Board if the investigation finds that they did. 

Tomczyk said he wasn’t introducing the bill to “demonize” the transgender community — a comment that received groans and pushback from others at the hearing. “But as you can hear from the reaction from the gallery, I’m going to be accused of that.”

“Boo! Ridiculous!” one person called out after his testimony.

Committee chair Rep. Clint Moses (R-Menomonie) tried to keep the room calm — telling people not to jeer or boo or hold up signs. Throughout the hearing, he had a couple of people removed from the room by police.

Democratic lawmakers sharply criticized the bill, saying lawmakers did not have the experience or medical knowledge to interfere with decisions being made by families and medical providers and were causing harm by introducing the legislation.

“Do any of you have any training or background in the medical field, practitioners or have other training that I might not be aware of?” Rep. Lisa Subeck (D-Madison) asked the authors.

“I find the question irrelevant,” Allen said. 

“I just have a degree in common sense,” Tomczyk quipped. 

“Knowing that physicians follow what is considered the standard of care and that is set forth by organizations like the American Academy of Pediatrics … why is it that on this particular issue we should substitute the judgment of legislators for the judgement of physicians and families?” Subeck asked. 

“Did you listen to my testimony?” Tomczyck said. “I think we have a responsibility to protect these children under 18 and let them get to 18 to the point where legally they can then make that decision.”

According to KFF, receiving gender-affirming care is a lengthy, meticulous process, and for those under 18, decisions in the process are made with the input of the child, their families and health care providers, including mental health providers. Gender-affirming medical care before 18 mostly focuses on pubertal suppression or hormone therapy.

Surgeries are rare for those under 18. UW Health does not perform genital surgery on transgender girls or boys under 18. UW Health may consider performing chest masculinization, or “top,” surgery for patients under 18 “only after multidisciplinary evaluation, a letter of support from your mental health provider and with informed consent from all legal guardians,” according to a Wisconsin Watch report. 

A 2024 study published by JAMA Network found that transgender teenagers who have pursued medical interventions, including puberty blockers and hormones, have high levels of satisfaction and low levels of regret, with an overwhelming majority — 97% — continuing to access gender-affirming medical care.

Rep. Renuka Mayadev (D-Madison) asked lawmakers why they aren’t trying to solve any real problems and noted that the bill could contribute to increased hate towards transgender people. She pointed to  the case of Sam Nordquist, a 24-year-old transgender man from Minnesota recently killed in New York. 

“There’s a transgender man, who was tortured and assaulted and beaten to death. He was beaten because of the hate that people have, and I want to know why aren’t we protecting people like Sam?” Mayadev asked. “[The bill] is not solving any problems. It’s meddling in the patient, doctor relationship.” 

The lawmakers asked if the crime happened in Wisconsin and noted that it happened to an adult and they are focused on children. 

This is the third time the legislation has been introduced. Last session, a similar bill was vetoed by Gov. Tony Evers, who then vowed to reject any further legislation targeting LGBTQ+ youth.

Allen said he expects “victory” for the bill, saying that public opinion can change over time. 

“I’ve seen bills in the body — session after session after session after session — where the author refuses to give up because they believe that it’s a good idea,” Allen said. “I think that’s our responsibility as legislators, to represent our constituency and advocate for what we think is the right thing. We may not have popular opinion on our side, not at some point in time maybe we will.”

Allen said that the idea for the policy came from the Family Policy Alliance, a conservative Christian organization that has advocated for anti-trans legislation across the country.

Some of those that testified in favor of the bill included Do No Harm, a lobbying group that opposes gender-affirming medical care as well as diversity, equity and inclusion, Moms For Liberty, Wisconsin Family Action and Gays Against Groomers.

Groups registered against the bill include the American Civil Liberties Union of Wisconsin Inc, Children’s Hospital of Wisconsin, Fair Wisconsin Inc., Medical College of Wisconsin, Pharmacy Society of Wisconsin, Planned Parenthood Advocates of Wisconsin, Wisconsin Chapter of the American Academy of Pediatrics, Wisconsin Coalition Against Sexual Assault, Wisconsin Council of Churches and the Wisconsin Medical Society.

Sen. Mark Spreitzer (D-Beloit) and Sen. Melissa Ratcliff (D-Cottage Grove) called the bill “cruel” and said it would take the state backwards in time. Ratcliff, whose son is trans, said that he “would not be the thriving adult he is today without having the access to the care that allowed him to live his life as his authentic self.” 

“Why we would want to take away a parent’s ability to provide their children with life-saving care and also restrict their ability to access information to help their child be healthy and happy — it’s beyond me,” Ratcliff said. 

Spreitzer noted that the bill is part of a package of bills that have received hearings this week and last that are “attempting to roll back that progress to make it harder for transgender young people to grow into flourishing transgender adults.” 

Spreitzer said the bill is not going to become law, but just talking about the bill will have negative effects for some people’s mental health.

In a recent survey of 358 Wisconsin LGBTQ+ youths by the Trevor Project, participants reported significant mental health struggles. About 39% of LGBTQ+ youth surveyed reporting seriously considering suicide, including 44% of transgender and nonbinary youth, and 12% reporting a suicide attempt. In addition, 63% of LGBTQ+ surveyed reported experiencing symptoms of anxiety.

“Not everybody’s going to get that message [that the bill won’t become law],” Spreitzer said. “People are going to be afraid that they are going to lose access to care.” He added that Children’s Wisconsin in Milwaukee recently canceled and then rescheduled some appointments after Trump’s executive order. “This bill only adds to that… It creates a climate of fear.”

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