Del. Bill Flanigan, R-Ohio, talks in the chamber of the House of Delegates on the final day of the regular session on Saturday, April 12, 2025, in Charleston, West Virginia. (Perry Bennett, West Virginia Legislative Photography)
West Virginia lawmakers have approved practically eliminating gender-affirming care for children, erasing a narrow provision from current state law that allows youngsters at risk of suicide to obtain hormone therapy and other drugs.
Medical practitioners told lawmakers that it would raise the danger of self-harm and suicide in youngsters who are already undergoing treatment.
On Saturday, the last day of the legislative session, the House of Delegates approved the legislation.
West Virginia already has a strong ban on gender-affirming therapy for minors, including gender reassignment surgery.
There is a restricted exemption under existing law that allows children identified with severe gender dysphoria by two medical professionals to receive pubertal modifying and hormone therapy in accordance with the American Academy of Pediatrics’ standards.
Some advocates said that Senate Bill 299 will plug a gap left open in 2023 when the near-total prohibition was established. Senator Chris Rose, R-Monongalia, is the measure’s sponsor.
On the House floor, Del. Brandon Steele, R-Raleigh, endorsed the bill, stating, “There’s no charity or goodwill in destroying a child’s identity and doing it for profit.”
According to medical professionals who testified before lawmakers, approximately 100 adolescents in the state are presently receiving gender-affirming care under that provision.
If enacted into law, this move would end their medical care on August 1.
Dr. Katie Waldeck, a pediatric critical care physician in Cabell Huntington Hospital’s Pediatric Intensive Care Unit, sees approximately two dozen children who are qualified for gender-affirming care under state law exception.
She testified before the House Health Committee last week, offering passionate comments about her concern for children’s well-being if their treatment was prohibited.
“I don’t want them back in my unit with asphyxiation markings. I do not want to see them overdose. This is not about any agenda other than patient care. “That’s why I’m here,” said Dr. Katie Waldeck, a pediatric critical care physician in Cabell Huntington Hospital’s Pediatric Intensive Care Unit.
Republican attempts to prolong the date for treatment cutoff
Del. Bill Flanigan, R-Ohio, attempted to change the bill to allow children who are currently getting pubertal modulating and hormone therapy — as permitted by the state’s narrow exception — to continue their treatment until July 1, 2026, to assist them transition off medication.
He suggested the bill’s implementation date of this summer may be too soon for these children.
“These medications take some time to come down from…” It would allow us to either relocate these children to another state or find other forms of assistance for what they are going through,” Flanigan said.
Del. Eric Brooks, R-Raleigh, recommended a no vote, citing “political” motivations after promising voters he would discontinue gender-affirming drugs.
“For those of you who have run on this subject or told your constituents, ‘I will support eliminating these pharmaceuticals for these children,’ now is your time and opportunity. “It is a good bill,” Brooks stated.
In response, Del. Hollis Lewis, D-Kanawha, stated, “This [amendment] is about empathy.” This is not about you winning a race.
Del. David Kelly (R-Tyler) stated, “It’s not a political issue for me…” We adore talking about love here… But I believe that the highest amount of love we can demonstrate in here today is to care about children who will be transitioning down and to give them the extra time they may require.”
After a lengthy debate, the amendment was rejected 28-71.
Del. Mike Pushkin, D-Kanawha, then advised colleagues to vote against the bill, stating, “I would listen to the doctors on this and err on the side of caution when it comes to the prevention of suicide in children.”
Following Pushkin’s remarks, Del. Charles Sheedy, R-Marshall, successfully asked for members to vote on the bill without any further debate. In parliamentary procedure, it is referred to as “point to question.”
Del. Evan Hansen, D-Monongalia, stated that Republicans dominated debate time during an amendment, but “when it was finally time for Democrats to voice our concerns, they cut it off.”
“It is a cruel bill, and especially without adopting Flanigan’s amendment, it’s going to harm people,” Hansen pointed out. “This is a campaign bill, or mailer bill. In several cases, several of those delegates supported the bill because they were fearful of the mailers and standing up.”
In an 86-12 vote, three Republicans joined nine Democratic House members in opposing the legislation.
Before the law can be sent to Gov. Patrick Morrisey for consideration, the Senate must concur with the House decision.
The bill would oblige instructors to disclose students’ gender identities to parents.
The House also passed Senate Bill 154, which would restrict schools from teaching on sexual orientation and gender identity. It also requires teachers to notify parents when a youngster asks to be referred to by a name or pronoun other than the student’s biological sex.
Lawmakers voted down a clause in the measure that would have allowed parents to sue institutions that violated the law.
The session ends Saturday, April 12 at midnight.
