Nebraska governor keeps gender-affirming care regs for minors in place

Nebraska Gov. Jim Pillen approved extending the temporary regulations for gender-affirming care of minors on Tuesday, nearly a year after rules tied to a law blocking most treatments for trans youth in the state was about to expire.

The Let Them Grow Act requires transgender patients under the age of 19 to complete several thresholds before receiving medical treatment, including 40 hours of therapy before a prescription of puberty blockers or gender-affirming hormones is allowed. Under-age patients must then wait for seven days between consent and prescription. Once receiving medical treatment, minors must also receive one hour of therapy every 90 days to evaluate their mental health.

“Nebraska’s kids are our future. They deserve the opportunity to grow up and develop to their full, God-given potential,” Pillen said in a press release. “As a state, we must protect children from making potentially irreversible and regrettable decisions – decisions for which they may not completely understand the consequences.”

Patients who started gender-affirming medication before Oct. 1, 2023, or have turned 19 are exempt from the requirement.

More: How the 14th Amendment is changing the fight for gender-affirming care for minors

State Sen. Kathleen Kauth of Omaha, who introduced the gender-care regulations bill last year, argued that the medications are potentially dangerous and encouraged by advocates. When asked about extending the rules for minors, she told The Nebraska Examiner on Tuesday, “I’m pleased that the process is over. I hope it helps kids."

Lawmakers and LGBTQ advocates have long criticized Pillen and the state Department of Health and Human Services for lacking transparency in the affirmation process of the requirements for this law, including state Sen. Machaela Cavanaugh of Omaha, who led a weeks-long filibuster last session to delay debate on the bill.

“It’s devastating for our queer community in Nebraska and our ability to recruit and retain people from other states,” Cavanaugh told USA Today. “The entire community was left out of the conversation.”

The legislation also required the state chief medical officer to determine what other forms of care, including hormone therapy, should look like.

The law’s regulations will not apply to those who began receiving treatment for gender identity before Oct. 1, 2023 or are now 19.

At least 23 states have enacted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states are facing lawsuits - including Nebraska.

The gender-care regulations law is currently facing a legal challenge from Planned Parenthood and was heard in front of the Nebraska Supreme Court last Tuesday. Represented by attorneys from the American Civil Liberties Union (ACLU), the group argued that the legislature violated the state constitution by passing a bill containing two subjects: gender-affirming care and abortion access.

A ruling from the Nebraska Supreme Court is expected within the next few months.

This article originally appeared on USA TODAY: Nebraska governor approves gender-affirming care rules for minors