WV poised to nearly eliminate minors’ access to gender-affirming care despite child suicide warning

Lawmakers have approved nearly eliminating gender-affirming care for children in West Virginia, removing a narrow exemption in current state law that allows minors at risk for suicide to access hormone therapy and other medications.

Medical professionals warned lawmakers that it would increase the risk of self-harm and suicide in children who are currently receiving care.

The House of Delegates signed off on the measure Saturday on the final day of the legislative session. 

West Virginia already has a strict ban on gender-affirming care for minors, which prohibits gender reassignment surgeries. 

There is a narrow exemption under that current law allowing children diagnosed with severe gender dysphoria by two medical providers to access pubertal modulating and hormonal therapy under guidelines by the American Academy of Pediatrics. 

Some supporters said Senate Bill 299 would close a loophole left open in 2023 when the near total ban passed. The measure is sponsored by Sen. Chris Rose, R-Monongalia. 

Del. Brandon Steele, R-Raleigh, supported the bill on the House floor, saying, “There’s no charity and good will in destroying the identity of a child and doing it for profit.”

Roughly 100 youth in the state are currently receiving gender-affirming care under that provision, according to testimony from medical professionals shared with lawmakers.

This measure would halt their medical care Aug. 1 if signed into law. 

Dr. Katie Waldeck, a pediatric critical care physician in the Pediatric Intensive Care Unit at Cabell Huntington Hospital, treats about two dozen children who are eligible within the state law’s exemption to receive gender-affirming care. She spoke before House Health Committee members last week, sharing emotional testimony that she worried about children’s well-being if their care was banned.

“I do not want to see them back in my unit with asphyxiation marks. I don’t want to see them overdosing. This is not about an agenda other than patient care. So that’s why I’m here,” said Dr. Katie Waldeck, a pediatric critical care physician in the Pediatric Intensive Care Unit at Cabell Huntington Hospital.

Republican tries to extend date for treatment cutoff

Del. Bill Flanigan, R-Ohio, attempted to amend the bill to allow children currently receiving pubertal modulating and hormonal therapy — as permitted in the state’s narrow exemption — to continue with their treatment until July 1, 2026, to help them taper off medication.

He said the bill’s effective date of this summer could be too soon for these children. 

“These medications do take some time to come down from … it would give us an opportunity for these children to either possibly move to another state or find another form of assistance for what they’re going through,” Flanigan said.

Del. Eric Brooks, R-Raleigh, urged a no vote, saying it was partially due to “political” motivations having promised voters he’d end gender-affirming medication. 

“For those of you that run on this issue or talk to your constituents and said, ‘I will support doing away with these drugs for these children,’ this is your time and this is your opportunity. It’s a good bill,” Brooks said. 

In response, Del. Hollis Lewis, D-Kanawha, said, “This [amendment] is about empathy. This isn’t about you winning a race.”

Del. David Kelly, R-Tyler, said, “It’s not a political issue for me … We love to talk about love in here … But I think the greatest level of love we can show in here today is to care about kids who will be transitioning down, to give them the extra time that they may need.”

After a lengthy debate on the amendment, it was rejected with a vote of 28-71.

Del. Mike Pushkin, D-Kanawha, then urged members to reject the bill itself, saying, “I would listen to the doctors on this and err on the side of caution when it comes to the prevention of suicide in children.”

Following Pushkin’s speech, Del. Charles Sheedy, R-Marshall, successfully called for members to move straight to voting on the bill, bypassing any other debate. In parliamentary procedure, it’s known as “point to question.”

Del. Evan Hansen, D-Monongalia, said that Republicans had dominated debate time during an amendment, but, “when it was finally time for Democrats to voice our concerns, they cut it off.”

“It is a cruel bill, and especially without adopting Flanigan’s amendment, it’s going to harm people,” Hansen said. “This is a campaign bill, the mailer bill. In some situations, several of those delegates voted for the bill because they’re scared of the mailers and they’re afraid to stand up.”

Three Republicans joined all nine Democratic members of the House to oppose the measure in an 86-12 vote.

The Senate will have to concur with the House’s vote before the bill would go to Gov. Patrick Morrisey’s desk for consideration. 

Bill would require teachers to out students’ gender identity to parents

The House also passed Senate Bill 154, which would prohibit instruction on sexual orientation and gender identity in schools. It also mandates that teachers tell parents when a child requests to be referred to by a different name or pronouns that are different from the student’s biological sex.

Lawmakers struck out a provision of the bill that would have allowed parents to take legal action against schools that violated the bill. 

The session adjourns Saturday, April 12 at midnight.