S.209 - Protecting Minors from Medical Malpractice Act of 2025 (119th Congress)
Summary
The "Protecting Minors from Medical Malpractice Act of 2025" aims to protect children from medical malpractice related to gender-transition procedures. It establishes a private right of action for individuals who undergo such procedures as minors and experience harm. The bill also includes provisions to protect medical providers' freedom of conscience and prohibits federal funding for states that mandate gender-transition procedures.
Expected Effects
This bill, if enacted, would create legal avenues for individuals to sue medical practitioners who perform gender-transition procedures on minors. It could also lead to states reevaluating their policies on gender-transition procedures to avoid losing federal funding. The bill may also impact access to gender-affirming care for minors.
Potential Benefits
- Provides legal recourse for individuals who regret gender-transition procedures performed as minors.
- Protects medical practitioners who object to performing gender-transition procedures on minors.
- Potentially reduces the number of gender-transition procedures performed on minors.
- Ensures that states cannot mandate medical practitioners to perform gender-transition procedures.
- Reinforces the concept of parental rights and the protection of children.
Most Benefited Areas:
Potential Disadvantages
- May limit access to gender-affirming care for transgender minors.
- Could lead to discrimination against transgender individuals.
- May create a chilling effect on medical practitioners providing gender-affirming care.
- Could result in legal challenges and increased litigation.
- Potentially harms the mental health of transgender minors who are denied access to care.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality is complex. While it aims to protect minors, it could potentially infringe upon individual liberties and equal protection under the law. The Commerce Clause is invoked through the regulation of interstate commerce related to medical procedures. The Tenth Amendment considerations arise regarding the federal government's power to regulate healthcare, traditionally a state matter.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).