FRANKFORT, Ky. — A controversial and wide-reaching bill, with a focus on transgender kids, is now on Kentucky Gov. Andy Beshear's desk. Senate Bill 150 was the main focus of Thursday's marathon legislative day at the Kentucky State Capitol, sparking outbursts from members of the public in the Senate gallery.
The measures in the bill passed were originally two separate bills, Senate Bill 150 and House Bill 470.
The bill addresses several different topics that those in support of the bill say are about parental rights and protecting kids, while opponents of the bill say some measures could harm transgender youth.
It seeks to ensure parental rights surrounding sex education in schools by:
- Requiring notification to a student's parents of health and mental health services related to human sexuality, contraception or family planning;
- Requiring notification of any changes to these services;
- Banning children in grades five and below from receiving instruction on human sexuality or sexually transmitted diseases;
- Banning curriculum that has the goal of students studying or exploring gender identity, gender expression or sexual orientation;
- Requiring written consent from parents for students in grade six and above to receive instruction on human sexuality or sexually transmitted diseases;
- Requiring an alternative course option and;
- Requires inspection of this curriculum, instructional materials, lesson plans, assessments, surveys, assignments and instructional activities be allowed by parents.
It bans the Kentucky Board of Education and Kentucky Department of Education from requiring or recommending that a local school district keep student information confidential from parents.
The bill also requires parental consent to provide mental or physical health services to a student or to make a referral for an outside provider. It also requires consent for a health screening or well-being questionnaire.
The bill does allow schools to withhold information from a parent if there's reason to believe the child would be or is abused or neglected.
Schools cannot require the use of a student's preferred pronouns if they're different than those correlating with their biological sex and districts must create a bathroom policy for transgender students and not allow students to use a bathroom, locker room or shower room that doesn't match their gender assigned at birth.
Parents can ask for accommodation for their students if they identify with a gender that's different than their biological sex. This could include allowing the student to use a staff restroom.
It also bans gender-affirming care, which includes:
- prescribing puberty blocking medication;
- prescribing or administer testosterone, estrogen or progesterone;
- performing sterilizing surgery, including castration, hysterectomy, oophorectomy, orchiectomy, penectomy and vasectomy;
- performing surgery that artificially constructs tissue having the appearance of genitalia differing from the minor's sex and;
- removing health or non-diseased body parts or tissue.
There are exceptions for minors born with "a medically verifiable disorder of sex development, 17 including external biological sex characteristics that are irresolvably 18 ambiguous," a minor diagnosed with a sexual development disorder or a minor needing treatment for an infection, injury, disease or disorder according to the bill.
Medical providers who don't follow this would lose their license and could face a civil lawsuit.
In a statement, a Cincinnati Children's spokesperson said:
“At Cincinnati Children’s, we believe that trained medical professionals are best positioned to diagnose and treat patients. Cincinnati Children’s will evaluate SB 150 and its possible impact on how care can be delivered to Kentucky patients under 18, including seeking to understand all the clinical and legal ramifications of the legislation.”
Transform Cincy provides clothing and programs for transgender youth who are transitioning. If SB 150 is signed into law, the group's co-founder, Tristan Vaught said there are several negative impacts it could have.
"That depression, anxiety, suicidal ideation--all these things that we have just typical youth, youth who are cisgender who are heterosexual are going through higher rates of this stuff. So to add any identity or marginalization in there, it's tough," they said.
The Trevor Project estimates LGBTQ+ youth are already more than four times as likely to attempt suicide than their straight peers.
The Executive Director of the Family Foundation, which supports the bill said he disagrees with the idea that this bill negatively impacts mental health.
"These struggles are real, I do not deny that," David Walls said. "What works is to lovingly affirm children in the truth of how they were createdthe biological reality of who they were created."
Vaught also said they anticipate some might choose to leave Kentucky because of the bill.
“I do know youth who are about ready to graduate high school and they’re switching up where they want to go to college. They don’t want to go to college in states where they’re going to be restricted,” Vaught said.
But for the Family Foundation, the passage of this bill is a win.
“We talked about how it’s going to protect kids from irreparable harm, but also in empowering parents, that’s going to lead to better outcomes for kids,” Walls said.
Now the bill is in the hands of Governor Beshear. Before it was fully passed, he spoke out against the content of the bill.
If Beshear vetoes the bill, the Legislature could try to override his veto when they reconvene on March 29 for the final two days of the 2023 Legislative Session. They just need a yes vote from the majority of both the House and the Senate.
The bill passed the House in a 75-22 vote. It passed in the Senate 30-7.
