This bill establishes federal criminal penalties and civil liabilities for transporting minors across state lines to obtain gender-affirming medical procedures and prohibits federal funding for jurisdictions that facilitate such travel.
Dan Crenshaw
Representative
TX-2
The Stop Gender Trafficking of Minors Act establishes a federal crime for transporting minors across state lines to obtain gender transition procedures, including puberty blockers, hormone therapy, and gender-altering surgeries. The bill provides a private right of action for civil lawsuits and prohibits federal funding for state or local jurisdictions that facilitate such travel or fail to cooperate with federal enforcement.
This bill creates a new federal crime for transporting a minor across state lines to receive gender-affirming medical treatments, including puberty blockers, hormone therapy, and surgical procedures. Under the proposed Section 1205 of Title 18, anyone who knowingly helps a minor travel or uses interstate facilities—like the mail or the internet—to obtain these procedures could face up to ten years in federal prison and significant fines. The legislation defines 'gender transition procedure' broadly, covering everything from initial appointments for medication to major surgeries, effectively creating a federal barrier for families seeking care in states where these procedures remain legal.
The bill introduces a 'Civil Lawsuit Right' that allows a minor, or even a parent or legal guardian, to sue anyone who facilitated the interstate travel for these procedures. For a family where one parent supports a child’s transition and another does not, or for a relative who helps drive a teenager to a clinic in a neighboring state, this provision opens the door to compensatory and punitive damages in federal court. Because the bill uses broad language like 'help the minor obtain' a procedure, it creates a grey area for teachers, counselors, or extended family members who might provide information or assistance, potentially exposing them to both criminal prosecution and civil liability.
Beyond individual penalties, the bill uses federal pocketbooks to pressure local governments. Section 3 prohibits the awarding of federal funds to any state or local entity that declares itself a 'sanctuary' for gender-affirming care or refuses to cooperate with federal investigations into these interstate travel cases. For a city or state, this could mean losing millions in federal grants for infrastructure, law enforcement, or public health if they choose to protect medical privacy or refuse to assist federal agents in tracking down families who traveled for care. This setup forces local officials to choose between their community's policy stances and the federal funding they rely on for daily operations.
For a parent living in a state where these treatments are restricted, the bill turns a trip to a doctor in a neighboring state into a high-stakes legal gamble. The inclusion of 'obtaining the medication' via mail or interstate facilities means that even telemedicine appointments and out-of-state prescriptions could trigger federal scrutiny. While the bill’s findings state a goal of protecting minors from 'experimental' procedures and potential sterilization, the practical result is a significant restriction on parental rights to make medical decisions for their children and a complex new layer of federal oversight on healthcare-related travel.