Advocates across the country are calling on medical groups and the Trump administration to end the practice of gender-altering operations for minors.
The increased calls come after Fox Varian, a 22-year-old woman who identified as a boy as a teen, won a $2 million settlement on Jan. 30 from doctors in New York who gave her a double mastectomy when she was 16 years old. The New York jury found a doctor and psychiatrist liable for medical malpractice by providing Varian the approvals for surgery.
The “detransition” case was the first of its kind to win after going to trial in a United States courtroom. The jury awarded Varian $1.6 million for past and future pain and suffering and $400,000 for future medical expenses.
Mark Trammell, general counsel at the Center for American Liberty, applauded the $2 million award but called for more in damages. He said some of the operations could cause a woman to lose the ability to have children.
“I do wish the court would have awarded a little bit more money,” Trammell said. “How do you put a price tag on a woman’s ability to have children later in life?”
On Feb. 3, the American Society of Plastic Surgeons recommended delaying gender-related surgery for individuals 19 and younger as concerns emerged surrounding surgical interventions for minors, The Center Square reported.
The U.S. Supreme Court also allowed Tennessee to uphold a ban on doctors prescribing puberty blockers and hormone therapy for minors with the express purpose of undergoing gender transition.
“More are waking up to the reality that this is abuse that’s happening to children,” Trammell said. “I think it’s absolutely within the state’s power to protect vulnerable kids from being abused by adults.”
Erin Hawley, vice president at Alliance Defending Freedom, said some doctors have used their platforms to frighten parents with children who want to transition genders. She pointed to the threat of a child committing suicide if they are not allowed to transition.
“You do have some parents supporting this because they think it’s their only option,” Hawley said.
Trammell pointed to an apparent targeting of children who may be suffering with mental illness and are recommended to transition by medical professionals. He mentioned Chiles v. Salazar, a U.S. Supreme Court case set to determine whether Colorado’s conversion therapy ban can apply to a therapist who provides services to a child dealing with gender dysphoria.
“I think there’s a growing fear among practitioners that if they counsel their patients in any direction, that is not immediate affirmation that they can lose their medical license,” Trammell said.
Hawley and Trammell said more cases like Varian’s should proceed through courts. Hawley said some sex-change operations can bring in as much as $100,000 for a hospital or medical entity.
Hawley called on state and federal leaders to block taxpayer funds from supporting sex change operations in minors. She said funds from Medicaid should not be allowed to support these procedures.
The Trump administration has proposed rules that would prevent hospitals enrolled in Medicare and Medicaid services from providing sex change surgeries for minors. The administration also extended the proposal for those covered under the Children’s Health Insurance Program, or CHIP.
“States who want to continue doing this could continue to theoretically do so through state-only funding, but it presents a barrier going forward,” said Sarah Parshall-Perry, vice president of Defending Education.
Hawley said she anticipates legal challenges to the Trump administration’s proposed rule but is optimistic about federal funding withdrawals. NYU Langone Health announced it would end its transgender program for minors on Tuesday, citing the “current regulatory environment.”
“Congress gets to do with your money what they want,” Hawley said. “If it’s executive policy for the [U.S. Department of Health and Human Services] to not fund these sorts of things, I think that’s on pretty strong ground.”
