In early February I released a bill for co-sponsorship titled the SAFE Act.

The SAFE Act, would prohibit gender transitioning drug treatments and surgeries for children due to the potential for irrevocable harm occurring when there is a significant probability that children later will come to identify with their sex at birth. 

The prime sponsor of this Act in the House is Representative Jeff Hilovsky (R-Long Neck). 

We have a responsibility to act on factual information. Our youth must not be exposed to experimental drugs and surgeries. Proponents of gender affirming care ignore an increasing volume of evidence showing the harm associated with chemical and surgical transitional processes. 

Opposition to the treatments is increasing the more that is known about the long-term risks to children. More than 20 states have laws that ban gender-transition treatment for children.

The challenge in Delaware will be to introduce overwhelming evidence about the dangers to youth who are subjected to such treatments and to dispel biased and inaccurate information from those who profit from providing treatments.

On the national level are two major developments concerning this issue.

First, President Donald Trump has made his stand on this issue crystal clear through an executive order.

Second, the Supreme Court of the United States (SCOTUS) this year will be issuing a decision concerning a challenge to a Tennessee law banning gender-affirming care for minors.

From President Donald Trump’s Executive Order:

“Across the country today, medical professionals are maiming and sterilizing a growing number of impressionable children under the radical and false claim that adults can change a child’s sex through a series of irreversible medical interventions.

“Countless children soon regret that they have been mutilated and begin to grasp the horrifying tragedy that they will never be able to conceive children of their own or nurture their children through breastfeeding.  

“Moreover, these vulnerable youths’ medical bills may rise throughout their lifetimes, as they are often trapped with lifelong medical complications, a losing war with their own bodies, and, tragically, sterilization.

“Accordingly, it is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures.”

Concerning the case before the SCOTUS, the justices heard more than two hours of oral arguments on Wednesday, Dec. 4, 2024.

The American Civil Liberties Union and the Justice Department joined in bringing the action against Tennessee’s law.

The case is United States v. Skrmetti.

Tennessee Attorney General Jonathan Skrmetti argues that the state has an interest in protecting the health and welfare of its residents, including minors.

I would change that to say, especially minors.

A decision is expected by the end of June.

SAFE is an acronym for Save Adolescents From Experimentation. This acronym was first used in 2021 in an Arkansas law banning what was being referred to as gender-affirming healthcare to transgender youth.

The Delaware SAFE Act provides for enforcement of the Act by providing for compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief. 

A physician or healthcare profession who makes a referral for or provides gender transition procedures to a child is subject to discipline by the appropriate licensing entity or disciplinary review board.

Your comments are welcome. Send them to bryant.richardson@delaware.gov