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U.S.|Fight or Flight: Transgender Care Bans Leave Families and Doctors
Scrambling

https://www.nytimes.com/2023/07/06/us/transgender-health-care-bans.html
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Jamie Kelter Davis for The New York Times

Many states banned transition-related care for transgender minors this year,
leaving families grappling with difficult questions.

Some are moving to states where treatment is still allowed. Others are staying
put for now, but traveling out of state for medical care.

The uncertainty is over more than medical care. Families with transgender
children are also concerned about new laws that restrict access to restrooms and
sports teams.

Doctors in states where transition care for minors remains legal are struggling
to cope with a surge of new patients from other places. Some face wait lists
longer than a year.


FIGHT OR FLIGHT: TRANSGENDER CARE BANS LEAVE FAMILIES AND DOCTORS SCRAMBLING

Laws in 20 states have left the fate of clinics in doubt and families with
transgender children searching for medical care across state lines.

By Ernesto Londoño and Azeen Ghorayshi

Photographs by Jamie Kelter Davis

Ernesto Londoño reported from West Des Moines, Iowa, and Azeen Ghorayshi from
New York.

July 6, 2023

David and Wendy Batchelder hate the thought of putting their spacious house in
West Des Moines, Iowa, on the market, disrupting the routines of their six
children or giving up the Lutheran church that they have attended for roughly a
decade.

But two new laws have left them debating whether to leave Iowa.

A ban on a medication that pauses puberty taken by their transgender son,
Brecker, was signed into law by the state’s governor in March. The same month,
teachers informed Brecker, 12, that he could no longer use the male restrooms
and locker room at his middle school after another law was approved in the
Republican-led Statehouse.

“It’s like trying to cross a bridge but the boards just fall out,” said Brecker,
who recently finished seventh grade and began receiving puberty blockers in
December, a year after coming out as transgender. “So you’re hanging on those
two ropes, inching yourself across, not knowing whether the ropes are going to
snap or break.”

In 20 states, bans or restrictions on transition-related medical care for
transgender youths are upending the lives of families and medical providers.



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In places where the care is outlawed, doctors have hastily shut down practices
in recent months, leaving patients in the lurch. Clinics in states where it is
still permitted are newly contending with a crush of out-of-state patients
seeking treatments that include puberty blockers and hormone therapy. Wait lists
for initial appointments can exceed a year.

More than 93,000 youths in the states that have passed bans identify as
transgender, according to an analysis of federal data by the Williams Institute
at the UCLA School of Law, though other data suggests that only a small number
receive puberty blockers or hormones. The number of teenagers who identify as
transgender has been rapidly rising over recent years.

Some families — there is no way to be sure of the numbers — already are moving
or searching for homes in states where the care is still permitted. Other
families are awaiting the outcome of court challenges to the new laws in states
like Florida, Kentucky and Nebraska before deciding next steps. Still others say
they are wrestling with what to do.

“We need to leave,” Ms. Batchelder, 39, an executive at a tech company, recalled
telling her husband this spring. “I grew up in the state, but this is not the
Iowa I know.”


Image
Brecker Batchelder, 12, relaxed at home with his dog. Credit...


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Image

Brecker and his siblings played outside their home in West Des Moines,
Iowa.Credit...


The field of gender transition care for minors is relatively new, and prominent
clinicians have disagreed on issues such as the ideal timing and diagnostic
criteria for these treatments as demand has soared. These debates have recently
led several European countries with nationalized health care systems to review
the evidence and limit which children can receive gender-related medications. In
June, England’s health agency ruled that children could only receive puberty
blocking drugs as part of clinical research trials.


THE ANTI-TRANS PUSH IN AMERICA

 * Louisiana: Gov. John Bel Edwards vetoed a ban on gender-transition care for
   transgender minors, as well as two bills related to gender expression and
   sexual orientation in schools and among young people.
 * Kentucky and Tennessee: Federal judges in the two states temporarily blocked
   laws that would ban gender-transition care for minors.
 * Arkansas: A federal judge struck down the state’s law banning gender
   transition care for minors, blocking what had been the first in a wave of
   such measures championed by conservatives across the country.
 * Indiana: A federal judge largely blocked that state’s ban on transition
   medical care for youth from taking effect.

“Our position is we cannot see this as just a rights issue,” said Thomas Linden,
director of Sweden’s National Board of Health and Welfare in an interview last
year after the country’s health service announced it would limit hormone
treatments for minors while more research is conducted. “We have to see patient
safety and precision in the judgment.”

In the United States, the debate has instead largely taken place in statehouses,
becoming among the most highly charged political issues of the last year.
Republican-led legislatures began in 2021 passing bills banning access to gender
transition care for minors. They argue that children lack the maturity to
consent to treatments, some of which are irreversible, that they may later
regret. Many Republican lawmakers have taken this further, calling the
treatments mutilation.

Officials in some states have made it a felony to provide transition-related
treatment for minors and have raised the prospect that parents could be
investigated for child abuse. Other measures are more limited, exempting from
bans, for instance, patients who were already receiving treatment.



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There is broad agreement among major medical associations in the United States,
including the American Academy of Pediatrics, that this form of health care can
be beneficial for many patients and that legislative bans are a dangerous
intrusion into complex decisions best left to doctors, patients and their
families.

In the Batchelders’ home state of Iowa, Gov. Kim Reynolds, a Republican, told
reporters in March that she had met with families with transgender children
before signing that state’s laws affecting transgender youths. “This is an
extremely uncomfortable position for me to be in,” she said. Still, she called
the new laws prudent measures. “We need to pause, we need to understand what
these emerging therapies actually may potentially do to our kids,” the governor
said.

In the medical world, the flurry of legislation is reshaping the landscape for
treatment. Some doctors say they fear young physicians may now be dissuaded from
training in this specialty in much of the country.



“I feel like I’m in an impossible situation,” said Dr. Ximena Lopez, a pediatric
endocrinologist who founded a clinic in Dallas for transgender youth but has
watched patients leave Texas as state lawmakers moved to ban transition care for
minors.



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Reluctantly, she said, she is moving to California this summer to work at a new
clinic where the treatment is allowed. “I either have to do something illegal or
I’m a negligent physician,” Dr. Lopez said.


Image

Dr. Ximena Lopez, a pediatric endocrinologist, said she is moving from Texas to
California.Credit...Abigail Enright for The New York Times

Image

A nurse held a syringe at a clinic in Minneapolis that provides medical
treatment including puberty blockers.Credit...


Health care professionals in states where treatment is still permitted have
limited capacity to carry out the kind of research that could improve this field
of medicine, said Dr. Angela Kade Goepferd, medical director of the gender
health program at Children’s Minnesota.

“We’re all feeling overwhelmed,” Dr. Goepferd said. “If you’re a
gender-affirming care provider in the United States right now, it is hard and
you’re under distress.”

The bans, which passed in states including Idaho, South Dakota and Missouri,
left families with transgender children sorting through options.

Some wasted no time leaving conservative states. They cited health care
restrictions but also, they said, a broader sense of hostility toward L.G.B.T.Q.
people, as book bans, restrictions on drag performances and limits on public
restrooms were approved.



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Others are, at least for the moment, planning to stay put, but travel out of
state for health care while monitoring legal challenges.

Families say decisions about relocating have become agonizing: There are other
relatives to think about, careers and finances to consider, and concern about
what departures from conservative states would mean for other families of
transgender youths who cannot move.

Amber Brewer, born and raised in Texas, said she worries about her 17-year-old
son who has grown up near Dallas. Under the state’s new law, his doctors will be
required to wean him off his testosterone medications starting in September. But
with nine children, seven of whom are adopted, starting over somewhere else
feels impossible. Her son is on a wait list to see doctors in San Diego.

“How am I supposed to move? I can’t even afford to get out of here,” Ms. Brewer
said. “Otherwise we would pack and leave now.”

In rural Fort Dodge, Iowa, Sarah SmallCarter’s family is leaning toward moving
away so that her 10-year-old, Odin, can grow up in a state where transgender
people have more rights.



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Odin, who came out as a transgender girl during the summer of 2021, when she was
between first and second grade, was scheduled to start treatment at a clinic in
Des Moines the day before Iowa’s law passed; doctors told the family they needed
to seek care out of state, Ms. SmallCarter said.


Image

Sarah SmallCarter held the hands of her 10-year-old daughter, Odin, at the Park
Nicollet Gender Services Clinic in Minneapolis clinic in June. Odin was
scheduled to receive a puberty blocker during the appointment, which the family
had driven from Iowa to attend. Odin decided not to go through with it,
expressing fear of needles and discomfort from an ear infection. The family
expects she will start the treatment in August. Credit...

Image

Odin and Demarcus Carter, who has co-parented Odin since she was 2, at a gas
station on their road trip to Minneapolis for a medical appointment in
June.Credit...


The prospect of leaving their town of 25,000, where Ms. SmallCarter says
neighbors help one another and where housing is relatively affordable, seems
unavoidable, but also troubling in an increasingly polarized nation, she said.

“We’re intentionally consolidating into two different sects of the country and
that’s very scary,” she said.



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For the Batchelder family in West Des Moines, Brecker’s transition began in the
summer of 2021 after he told his parents that he was bisexual.

“How can mom and I best support you?” Mr. Batchelder, 40, recalled asking.

That fall, Brecker, who had long hair, asked for a trim cut and began wearing
more collared shirts and athletic shorts. Then, shortly after Christmas, Brecker
came to his parents with additional news: He was a transgender boy, he told
them. A few days before, Brecker had asked classmates and teachers to use male
pronouns and a new name — Brecker.

Brecker’s four grandparents — all of whom live nearby — were supportive.

Brecker said that his early days of transitioning brought tremendous relief:
“Honestly, like I was just floating on a cloud.”

In March of 2022, Brecker told his parents he wanted to get puberty blockers, a
medication that halts bodily changes including the development of breasts and
menstruation. He had been menstruating for a little over a year and growing
breasts. The Batchelders said that they had never heard of puberty blockers, and
spent several weeks studying the medical literature and consulting with
professionals.

“We felt like, between his therapist recommendation, his pediatrician, his
specialists and our own research, that this was the right choice for him,” Ms.
Batchelder said.



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Getting treatment required waiting seven months for an appointment and driving
to a specialized clinic in Iowa City during a snowstorm last December. Brecker
said getting a period tormented him and he was thrilled when it stopped.


Image

David Batchelder, left, and his son, Brecker, practiced baseball pitching in
their driveway at their home.Credit...

Image

A portion of Brecker’s home book collection, which he was reorganizing after
cleaning out his school locker for the summer break.Credit...


Soon, as Iowa lawmakers began debating the transgender bills, his mood darkened.
The political debate reverberated among classmates.

As the national debate over transgender rights intensified early this year,
Brecker became deeply distressed, his parents said. In February, after
disclosing he was having thoughts of self harm, his parents took him to an
emergency mental health clinic. Fretting about the future, he began sleeping in
his parent’s bedroom.



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For now, Brecker and his parents have decided to stay in Iowa and travel out of
state for medical appointments.

Mr. Batchelder, who went to law school and has been a stay-at-home father since
2020, said the fight over transgender rights motivated him to become more active
in politics, and even to contemplate running for office. As an undergraduate, he
served as the chair of his college Republicans organization, but said he has
viewed himself as a political independent formost of his adult life.

As the laws were being debated, Mr. Batchelder delivered an impassioned speech
under the rotunda in the Capitol in Des Moines, protesting what he saw as an
egregious infringement of parental rights. “I will stay and fight for you,” he
told fellow demonstrators. “But I need you to stay and fight.”

Ms. Batchelder is less optimistic about the family’s ability to change Iowa.
During the debate, some supporters of the ban cited their religious beliefs,
which Ms. Batchelder, who leans heavily on her Christian faith, said she saw as
a distortion of scripture.

“I come back to what the Bible tells us to do, it tells us to love people above
all else,” she said. “None of this is love.”



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Leaving Iowa would mean moving away from the children’s grandparents. It would
disrupt the routines and friendships of Brecker and his five younger siblings.
And the Batchelders say they worry about what next year’s state legislative
session might bring.

“If they move into criminalizing this care or punishing parents, we’re out,” Mr.
Batchelder said.



Ernesto Londoño is a national correspondent based in the Midwest who keeps a
close eye on drug use and counternarcotics policy in the United States. More
about Ernesto Londoño

Azeen Ghorayshi covers the intersection of sex, gender and science for The
Times. More about Azeen Ghorayshi

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