Chloe Cole Act
Summary
The Chloe Cole Act aims to prohibit healthcare professionals from performing what it defines as "chemical or surgical mutilation" on children, referring to procedures intended to alter a child's physical appearance or biological functions to align with a gender identity different from their biological sex. It provides a private right of action for individuals who underwent such procedures as children, or their parents, to sue healthcare providers. The act defines specific interventions, including puberty blockers, hormone therapy, and surgeries, as chemical or surgical mutilation, with certain exceptions for verifiable disorders of sexual development or necessary medical treatments.
Expected Effects
If enacted, the Chloe Cole Act would significantly restrict access to gender-affirming care for minors. It would create legal liabilities for healthcare professionals and institutions providing such care. The act could also lead to increased litigation related to past and future gender-affirming treatments.
Potential Benefits
- Potentially protects children from medical interventions that they may later regret.
- Provides legal recourse for individuals who believe they were harmed by gender-affirming care as minors.
- Reinforces the concept of parental rights in making medical decisions for their children.
- May reduce the number of irreversible medical procedures performed on minors.
- Could lead to more cautious and thorough evaluations before gender-affirming care is initiated.
Potential Disadvantages
- Limits access to gender-affirming care for transgender and gender-diverse youth, potentially harming their mental health.
- May lead to discrimination against transgender individuals.
- Could create a chilling effect on healthcare providers, discouraging them from providing necessary medical care.
- The broad definition of "chemical or surgical mutilation" may encompass legitimate medical treatments.
- The act could face legal challenges based on equal protection and due process grounds.
Constitutional Alignment
The Chloe Cole Act raises constitutional questions related to individual rights, equal protection, and federalism. While the act aims to protect children, it may infringe upon the rights of transgender individuals to access medical care, potentially violating the Equal Protection Clause of the Fourteenth Amendment. The act's reliance on interstate commerce to establish federal jurisdiction may also be challenged under the Commerce Clause. The Tenth Amendment reserves powers not delegated to the federal government to the states, raising questions about the federal government's authority to regulate medical practices traditionally governed by state law.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).