Sen. Eric Schmitt introduces child-welfare bill addressing parental decisions on sex and gender
Caroline MolloySen. Eric Schmitt, R-Mo., has introduced legislation that would place new restrictions on how child-welfare agencies receiving federal funds may respond when parents make decisions about a child based on the child’s sex.
The Yaeli Martinez Child Protection Act would bar federally funded child-welfare systems from treating a parent’s decision to raise or refer to a child according to his or her sex as abuse or neglect, or from using that decision by itself as a basis for actions such as removing a child, restricting visitation, terminating parental rights, or denying foster or adoptive placement.
The bill would also prohibit covered agencies from providing or helping children in their custody obtain puberty blockers, cross-sex hormones, or surgeries for gender transition. According to Schmitt’s office and the bill summary cited by Zeale, agencies that violate the proposed rules could risk federal funding, and affected families could seek relief in federal court.
Schmitt’s office says the measure is named for Yaeli Martinez, a California teenager whose family’s case has been cited by supporters of the bill. The circumstances surrounding that case are described by the bill’s sponsors and advocates as part of the rationale for the legislation.
The proposal has been introduced in Congress but has not become law. Its provisions, legal implications, and prospects will be considered through the legislative process.
