S.312 - Jamie Reed Protecting Our Kids from Child Abuse Act (119th Congress)
Summary
S.312, the "Jamie Reed Protecting Our Kids from Child Abuse Act," aims to establish a federal tort against pediatric gender clinics and related entities that provide gender-transition procedures to minors, potentially causing bodily injury or harm to their mental health. The bill allows individuals who underwent such procedures as minors to bring civil actions for damages up to 30 years after turning 18. It also prohibits federal funding to pediatric gender clinics and institutions affiliated with them, retroactively applying to procedures performed before, on, or after the enactment date.
Expected Effects
The bill's enactment would likely lead to a decrease in gender-transition procedures performed on minors due to potential legal liabilities and funding restrictions. It could also result in numerous lawsuits against clinics and medical practitioners. The retroactive application may create legal challenges and financial burdens for affected institutions.
Potential Benefits
- May protect minors from potential long-term physical and psychological harm associated with gender-transition procedures.
- Could ensure more thorough evaluation and consent processes for minors considering such procedures.
- Might reduce the number of irreversible medical interventions performed on individuals before they reach adulthood.
- Could provide legal recourse for individuals who regret undergoing gender-transition procedures as minors.
- May encourage more research and debate on the long-term effects of gender-transition procedures on minors.
Most Benefited Areas:
Potential Disadvantages
- Could limit access to gender-affirming care for transgender and gender-diverse youth, potentially increasing mental health issues and suicide rates.
- May face legal challenges based on equal protection and due process grounds.
- Could create a chilling effect on medical practitioners providing necessary care to transgender youth.
- Might lead to discrimination against transgender individuals and further stigmatization of gender dysphoria.
- Could infringe on parental rights to make medical decisions for their children.
Constitutional Alignment
The bill's constitutionality is debatable. While Congress has the power to regulate interstate commerce and protect the health and welfare of children, the bill could face challenges under the Equal Protection Clause of the Fourteenth Amendment if it is seen as discriminating against transgender individuals. The retroactive application of the law may also raise concerns under the Due Process Clause of the Fifth Amendment.
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).