Protect Children’s Innocence Act
Summary
The "Protect Children's Innocence Act" amends Title 18 of the United States Code to address genital and bodily mutilation and chemical castration of minors. It establishes federal criminal penalties, including fines and imprisonment, for performing or attempting to perform such procedures on minors. The act defines key terms like "genital or bodily mutilation," "chemical castration," and "biological sex."
The bill includes exceptions for procedures deemed medically necessary, performed by licensed practitioners, or related to specific medical conditions. It also specifies circumstances under which the law applies, such as when interstate commerce is involved. The Act aims to protect minors from irreversible medical procedures related to gender affirmation.
This legislation passed the House of Representatives on December 17, 2025, and awaits further action in the Senate.
Expected Effects
This act will criminalize specific medical procedures performed on minors related to gender affirmation, potentially impacting healthcare access for transgender youth. It could lead to legal challenges regarding parental rights and medical decision-making. The law may also affect medical practitioners who provide gender-affirming care.
Furthermore, the Act could lead to a decrease in gender affirming care for minors. It could also lead to families seeking such care in other countries. The Act could also lead to increased mental health issues for transgender youth.
Finally, the Act could lead to increased legal challenges regarding parental rights and medical decision-making.
Potential Benefits
- Potentially protects children from irreversible medical procedures before they are old enough to fully understand the implications.
- Addresses concerns about the potential for coercion or regret associated with gender-affirming procedures.
- Reinforces the concept of biological sex as a determinant in medical treatment.
- May prevent unnecessary medical interventions that could have long-term health consequences.
- Could lead to more thorough psychological evaluations before irreversible procedures are considered.
Potential Disadvantages
- Limits access to gender-affirming care for transgender minors, which medical organizations recognize as necessary and life-saving.
- May increase the risk of mental health issues and suicide attempts among transgender youth due to lack of access to care.
- Could lead to families seeking unsafe or unregulated medical procedures outside of the United States.
- Infringes on parental rights to make medical decisions for their children in consultation with medical professionals.
- May disproportionately affect transgender individuals and further marginalize an already vulnerable population.
Constitutional Alignment
The act's constitutionality is debatable. Supporters might argue it falls under Congress's power to regulate interstate commerce (Article I, Section 8) if the procedures involve travel or the use of interstate resources. Opponents could argue it infringes upon individual liberties and parental rights, potentially raising concerns under the Due Process Clause of the Fifth and Fourteenth Amendments.
The Tenth Amendment, reserving powers not delegated to the federal government to the states, could also be invoked, arguing that medical decisions are traditionally a state matter. The law's impact on transgender individuals may also raise concerns about equal protection under the Fourteenth Amendment.
Additionally, the exceptions outlined in the bill for certain medical conditions may be viewed as discriminatory, potentially violating the Equal Protection Clause of the Fourteenth Amendment.
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).