Representative Jamie Allard introduced a bill into the legislature that attempts to enshrine in statute the idea that trans people regret being themselves. HB 338 would allow Alaskans who receive gender- affirming care before the age of 18 to sue the doctor who provided care for money damages “for an injury or condition suffered as a result of the procedure.” It extends the timeline so that people could file these lawsuits up to 20 years after the person turns 18 and eliminates the dollar cap on damages that would be paid to the person bringing claims against their physician.
TAKE ACTION: Tell the House Judiciary Committee to oppose HB 338 and stop it from advancing.
To be clear: this bill does not propose to ban gender- affirming care or create criminal or automatic civil liability for physicians in Alaska who provide gender- affirming care. Still, this bill is bad for trans Alaskans, and we oppose HB 338.
Here’s what HB 338 would do (and not do):
We oppose this bill for the following reasons.
- This bill is designed to make gender-affirming care harder to access. This bill makes it more likely that insurers would not cover gender-affirming care for youth in Alaska because of increased liability. This would add another roadblock for trans people to obtain gender-affirming care that is life-saving for many young Alaskans.
- This bill is an attempt to enshrine in statute the idea that trans people regret being themselves. It implies that trans youth, with their parents and doctors, are making medical decisions now that will harm them in the future. It does not respect the choices and autonomy that people – no matter their age – get to make about their own bodies. The idea that many trans people regret seeking gender-affirming care is false. According to the 2022 US Trans Survey, 98% of transgender individuals taking hormones are more satisfied with their lives.
- This bill is broadly written. HB 338 fails to include key definitions including "gender affirming care" and "injury" that leave areas for open interpretation. This way this bill is written suggests that the drafters more concerned with the ideas of trans, non-binary and gender-nonconforming people being themselves than they are with actual harm towards Alaskans.
TAKE ACTION. It takes one minute to send a message to legislators in Juneau telling them that you oppose HB 338. Send a message using our form here.
