At a session in Arkansas to discuss gender-affirming care, a Republican legislator questioned a transgender doctor if she has a penis, sparking controversy.
The audience loudly gasped when Republican Sen. Matt McKee asked Dr. Gwendolyn Herzig, a transgender woman from Little Rock who testified against the ban, about her genitalia. The scene was captured on camera.
You stated that you are transgender? Monday, McKee inquired on the Senate judiciary floor. “Do you possess a penis?”
Herzig took a time to compose herself before answering, “That’s awful,” and labeling the inquiry “very inappropriate.”
Senate Bill 199 would allow a person who got gender-affirming care as a minor to sue their doctor for medical misconduct up to 30 years after they become 18. Medical malpractice lawsuits must be brought within two years of what the law calls a “injury.”
During Monday’s two-hour hearing on Arkansas’ malpractice proposal, certain interactions, such as the one between McKee and Herzig, elicited gasps and jeers from committee members.
After Herzig’s response to McKee, he retorted, “You’re the one who brought that up in conversation.”
Herzig responded, “I don’t know what my rights are, but that inquiry was extremely improper.”
Herzig continued, ‘I am a healthcare professional – a physician — therefore please treat me accordingly.’
McKee’s inquiry followed Herzig’s statement that a lack of empathy is one of the greatest hurdles transgender persons encounter.
‘Bills like SB199 are designed to impede, not benefit, Arkansans,’ she said.
Since then, the exchange has gone viral on social media, with individuals criticizing the senator for his inquiry.
“Absolutely revolting. During a parliamentary hearing, Arkansas state senator Matt McKee asked a transgender individual, “Do you have a penis?” Does this State Senator possess basic decency?’ Alejandra Caraballo authored.
Caraballo, an attorney and clinical lecturer at the Cyber Law Clinic at Harvard Law School, has been hounded online for being transgender.
The Arkansas Democratic Party tweeted, “Republicans do not hide their transphobia.” TODAY in the Judiciary Committee, one Senator asked a physician if she ‘had a penis,’ while another argued that gender affirming care was a Chinese TikTok scheme.
Dr. Shola Mos-Shogbamimu, an advocate for women’s rights, tweeted, “Do you have a penis?” – WHAT? It is terrible for @MattMcKeeAR to reduce a qualified physician to genitalia in order to promote transphobia and get political points. This is intentional abuse. The question was unrelated to the proceeding. We must put an end to the public shame and dehumanization of Transpeople,’ she added.
The sponsor of the Arkansas bill, which might be considered by the Senate as early as Tuesday, stated that it is intended to prohibit medical practitioners from providing gender-affirming care to minors.
The measure’s proponent, Republican Sen. Gary Stubblefield, stated, “The notion that adolescents, much less young children, are capable of making such life-altering decisions is not only unheard of, but ridiculous.” A civilization that permits them to behave in this manner is profoundly damaged.
The ban forbids physicians from administering gender-confirming hormone therapy or puberty blockers to minors or referring them to other physicians who can provide such care. In the state, no gender-affirming surgery is performed on minors.
According to legal experts, the idea, which is being examined by other states as part of a broader ban on transgender care for children, would significantly alter how most malpractice claims are evaluated. By raising doctors’ liability for such care, the law might make it practically impossible for some providers to obtain malpractice insurance.
According to Stacey Lee, professor of law and ethics at the Johns Hopkins Carey Business School and the Bloomberg School of Public Health, a doctor who complies with the standard of care could still be held accountable, which would be a radical departure from the current malpractice system. Politicians have invaded the field of medicine, to put it succinctly. It is comparable to practicing medicine without a license.
This is another route for governments to restrict transgender care, a subject of dozens of proposals introduced by Republican state legislatures this year. A federal judge who previously halted Arkansas’ ban on gender-affirming care for kids is currently weighing whether to declare the legislation unconstitutional. A federal judge has also temporarily stopped a similar prohibition in Alabama.
Last month, the governor of Utah signed a ban on gender-affirming care into law, which also widens the possibility to launch malpractice actions against certain clinicians. A similar clause is included in a prohibition moving through the Oklahoma legislature.
Omar Gonzalez-Pagan, attorney and health care strategy for Lambda Legal, said, “We are playing a game of whack-a-mole in an attempt to stop these horrifying and dangerous attacks on people’s health care.” ‘Eventually, it must end because the costs are quite substantial.’
Opponents of such therapies contend that youngsters are too young to make gender identity determinations. However, nearly every major medical organization, including the American Medical Association and the American Academy of Pediatrics, opposes the prohibitions on the grounds that properly given gender-affirming medicine is safe.
The malpractice legislation contains a “safe harbor” provision that would provide doctors with a defense against malpractice lawsuits if they provide gender-affirming care for children, but only if they adhere to restrictions that experts have deemed inconsistent with the standard of care for the treatments. For instance, the rule would virtually prohibit doctors from delivering the treatment to minors suffering from depression, attention deficit hyperactivity disorder, or eating disorders.
According to health professionals, adolescents with gender dysphoria who do not receive appropriate medical care have a drastically elevated risk of suicide and severe depression.
“I have never seen a cardiologist or gastroenterologist who has to battle this hard to care for their patients,” said Dr. Stephanie Ho, a Fayetteville physician who offers hormone therapy to transgender adolescents.
Last year, the current and past medical directors of the Gender Spectrum Clinic at Arkansas Children’s Institution testified that the hospital had modified its policy and ceased administering puberty blockers and hormone therapy to new patients. Patients of the clinic who were previously taking the drugs continue to receive treatment. The hospital did not respond to a request for comment on the plan regarding medical malpractice.
Other measures restricting the rights of transgender individuals have moved in recent weeks, including a bill preventing trans people from using restrooms that correspond to their gender identity in public schools. In response to accusations that it was anti-LGBTQ, a second bill in the legislature restricting drag shows was watered down.
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