A bill moving through the state Legislature would protect patients and caregivers involved in gender-affirming care.
HB1875 would not create any new care standards or practices, but it seeks to ensure that those providing gender-affirming care would be safe from out-of-state legal actions, insurance policies, or licensing consequences.
Dr. Elaine Chan, an OB-GYN practicing in Hawaiʻi, provides reproductive health services — including gender-affirming care. She said many who oppose the bill believe these services are dangerous, but she said that the decision to receive this care is not made in a rash manner and has a firmly vetted process.
“This care is not only safe, but it’s life-changing and life-saving care,” Chan said. “By the time my patients have reached me, they have already faced so many hurdles. Gender-affirming care and reproductive health care already have rigorous standards to make sure that this care is safe and evidence-based.”
Currently, reproductive health care is protected under Chapter 323J of the Hawaiʻi Revised Statutes. The proposed bill would expand these same protections to include gender-affirming care, which the bill defines as “medically necessary health care that respects the gender identity of the patient, as experienced and defined by the patient.”
Supporters of the bill say these safeguards will ensure these services remain available for those who need them. Many worry that without the security from the bill, care providers could leave Hawaiʻi to continue practicing their services in states with protections.
But opponents believe it would silence parents’ voices in these decisions. Many who testified against the measure, including Abram Moreno, said children are not mature enough to know what they want long-term.
“We need to protect our kids, and from the bottom of my heart, the best way to protect our children is to allow parents to have voices,” Moreno said. “We don't want the voice of the doctor to tell our child what to do — we want the voice of the parent.”
Maddalynn Sesepasara is a transgender woman who’s been working to advocate for the transgender community for 30 years. She said this bill would not silence voices but would rather elevate everyone involved.
“We are being killed for living our truth and we are being judged for just living our truth. We are the Aloha State for a reason — we live by aloha, so show aloha to everyone,” Sesepasara said.
“My gender-affirming care shouldn’t be an issue; no one’s gender-affirming care should be an issue. I am a proud transgender woman, and no one is going to take that away from me.”
The bill passed through the House Committee on Judiciary and Hawaiian Affairs. It will be heard next by the full floor for its third reading.
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