Puerto Rico Enacts Strict Anti-Trans Surgery Law for Minors
Puerto Rico has enacted a new law that prohibits sex change surgery and hormone therapy for individuals under 21, imposing severe penalties such as 15 years in prison, fines of $50,000, and revocation of licenses for practitioners. The law aligns with the federal government’s policies on gender issues, and is the strictest in the U.S. with its higher age limit. Critics, including the LGBTQ+ Federation of Puerto Rico, argue the measure is discriminatory and dangerous, while the government maintains it protects minors from irreversible decisions.
Strict Penalties and Legal Framework
The legislation, which was signed recently, introduces harsh penalties, including up to 15 years in prison and fines of up to $50,000 for those found guilty of performing surgery or providing hormone replacement therapy to minors and young adults. It also mandates the revocation of all licenses and permits of medical personnel involved. The law also prohibits the use of public funds for these treatments.
“Minors, having not yet reached the necessary emotional, cognitive, and physical maturity, are particularly vulnerable to making decisions that can have irreversible consequences,” the legislation, set to take effect in October, states.
Legal and Political Context
Puerto Rico’s LGBTQ+ Federation has condemned the measure as discriminatory and dangerous, warning it will further isolate trans youth and potentially drive them to seek unregulated or unsafe alternatives. Director Justin Jesus Santiago has vowed to challenge the law’s constitutionality in court, arguing it contradicts Puerto Rico’s constitution.
Alignment with Federal Policy
The law aligns with the federal government’s policies on gender issues, as exemplified by US President Donald Trump’s stance. Trump made gender-related issues a central theme of his campaign last year. Since taking office, he has issued executive orders asserting the government policy that “there are only two genders – male and female.” These orders roll back protections for transgender rights, as well as diversity, equity, and inclusion programs. They end federal support for medical procedures related to sex change for minors, eliminate “radical gender ideology” from the US Armed Forces, and bar trans women from competing in women’s sports.
Criticism and Legal Challenges
Trump’s approach has drawn criticism from civil rights and LGBTQ advocacy groups. Several directives have faced legal challenges, with federal judges blocking some orders. Puerto Rico’s law stands out among dozens of similar measures passed in around half of the states. While most laws apply to individuals under 18, Puerto Rico raises the age limit to 21, making it the strictest legislation currently in effect in any US jurisdiction.
Broader Implications and Context
The broader context of this legislation underscores the ongoing national debate on gender identity and the rights of trans individuals, particularly minors. The law reflects a growing trend among some U.S. states and territories to implement strict policies that align with conservative political ideologies. While the law is seen by its proponents as a protective measure, critics argue it may have harmful consequences for vulnerable populations, including mental health issues and potential risks from alternative treatments.
Conclusion
The passage of this law in Puerto Rico underscores the complex intersection of politics, public health, and civil rights in the United States. As the law moves toward implementation in October, the legal and societal implications remain a subject of significant debate and concern among various stakeholders, including legal experts, healthcare professionals, and advocacy groups.