GUARD Act: Feds to Pull Funding Over Gender-Affirming Care Disputes

The Guaranteeing Unalienable and Anatomical Rights for Dependents Act, or GUARD Act, throws a wrench into how states handle gender-affirming care for minors. Specifically, it ties federal funding for child abuse prevention programs to how states treat parents who don't support such care for their kids. (SEC. 2).

Cash on the Line

This bill amends the existing Child Abuse Prevention and Treatment Act. The core change? If a state is found to "discriminate" against parents or guardians who oppose medical or social gender affirmation for minors (based on the child's assigned sex at birth), that state loses federal funding. (SEC. 2). It also means that if a parent feels that they have been discriminated against, they can sue the Department of Health and Human Services. If they win, not only does the state lose funding, but they have to return the funds. (SEC. 2).

Real-World Ripple Effects

Imagine a teenager in a state with laws protecting access to gender-affirming care. Under the GUARD Act, if their parents object to this care, and feel sidelined or discriminated against by, say, a school supporting the teen's identity, those parents could sue. The state, facing a potential loss of federal funds, might pressure schools and healthcare providers to change their approach, even if it goes against the minor's wishes or medical advice. This might impact a school social worker, or a therapist, who is working with a child.

The Bigger Picture

The GUARD Act essentially creates a legal battleground over parental rights versus a minor's access to gender-affirming care. It also raises questions about how "discrimination" is defined in these cases, potentially opening the door to a flood of lawsuits and putting states in a tough spot between federal funding and their own policies on healthcare and child welfare.