What Does Abortion Rights & Trans Rights Have In Common.

Governor Lamont is expected to sign into law the bill banning extradition of healthcare providers and patients to states that are criminalizing abortions. Many Republicans are making it a criminal offense to go out of their states to have an abortion or treat trans children for Gender Dysphoria even though it is legal in the states the states where they have the medical procedure.

The law is...

AN ACT CONCERNING THE PROVISION OF PROTECTIONS FOR PERSONS RECEIVING AND PROVIDING REPRODUCTIVE HEALTH CARE SERVICES IN THE STATE AND ACCESS TO REPRODUCTIVE HEALTH CARE SERVICES IN THE STATE.

After many hours of debate...

Connecticut Senate passes abortion bill after emotional debate; Gov. Lamont pledges signature
Hartford Courant
By Christopher Keating
April 30, 2022


With a major U.S. Supreme Court ruling months away, the state Senate debated emotionally Friday night before approving a key abortion bill that would be the most far-reaching in Connecticut in the past 32 years.

The bipartisan bill would increase the number of medical professionals allowed to perform abortions in Connecticut and expand abortion-related protections regarding lawsuits.

After three hours of debate, the Senate voted 25-9 with two Republicans absent shortly before midnight.

The often-emotional, personal and passionate debate included opposition by some members of the legislature’s Black and Puerto Rican Caucus, who said they were inspired by a freshman legislator, Rep. Trenee McGee of West Haven, who spoke passionately recently before voting against the bill.

[…]

Sen. Saud Anwar, a South Windsor Democrat who is a medical doctor, said that if someone had told him five years ago that the state Senate would be debating abortion “I would be laughing at them ... but here we are.’'

As abortions are restricted in multiple states like Texas, Anwar predicted, “We will be a place of refuge for a lot of people.’'

[…]

Another key provision in the bill would allow Connecticut to protect the medical records of women who travel here from states like Texas or Louisiana. The information would also be protected from subpoenas in other states.

Okay I know you are wondering what does this have to do with trans people? Well the definitions in the law is interesting (My emphasis in italics).

"Reproductive health care services" includes all medical, surgical, counseling or referral services relating to the human reproductive system, including, but not limited to, services relating to pregnancy, contraception or the termination of a pregnancy

Notice the wording, “...including, but not limited to…” and then we have the meat of the law,

Sec. 3. (NEW) (Effective July 1, 2022) Notwithstanding the provisions of section 52-155 of the general statutes and section 46 of substitute house bill 5393 of the current session, a judge, justice of the peace, notary public or commissioner of the Superior Court shall not issue a subpoena requested by a commissioner, appointed according to the laws or usages of any other state or government, or by any court of the United States or of any other state or government, when such subpoena relates to reproductive health care services, as defined in section 1 of this act, that are permitted under the laws of this state, unless the subpoena relates to: (1) An out-of-state action founded in tort, contract or statute, for which a similar claim would exist under the laws of this state, brought by a patient or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; or (2) an out-of-state action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena requested by a commissioner appointed according to the laws or usages of another state.

What does all this mumble jumble mean?

Well suppose a patient come from a state that has criminalized certain surgeries of reproductive health and that state issues an arrest warrant for a doctor in Connecticut who preformed medical procedure here in Connecticut, this law prevents our healthcare providers from being extradited to the state that criminalized the procedure. So the law prohibits healthcare providers, patients, and their records from being sent to trial in another state that are legal here in Connecticut.

So tell me what medical procedures involve treatment for human reproductive system?

Hmm… could it possibly be treatment for Gender Dysphoria?

Doesn’t Gender Dysphoria treatment to children delay puberty or Cross Gender Hormones involve the human reproductive system?

Yes, the definition was written so broadly as to include us.

So if a child comes to Connecticut for treatment for Gender Dysphoria, the healthcare providers and the patients cannot be extradited say to Texas for criminal prosecution.

I wrote in my blog on April 24^th about the bill HB5414,

What this bill does it prevents states with strict criminal anti-abortion laws prevents a patient, or healthcare provider from being extradited to another state for providing an abortion here in Connecticut.

When I read that I quickly sent off an email to the Chair of the legislative LGBTQ Health and Human Services Network which I am on and suggested “to get the bill amended or an amendment to another bill to include transgender children and doctors from being tried in a state that makes it illegal to treat transgender patients?”

It is on the agenda for our meeting this week.

That afternoon I went to the fundraiser for GLAD and I was talking to one of the legislators at the event I asked if there is anyway we could be added to the bill.

And I got in response “Sh… it all ready is but no one knows it.” and the legislator went on to explain that the bill was purposely broadly written to include us.

The bill passed in the House right down party line, almost all the Democrats voted for the bill and all the Republicans voted against the bill (Yeas = 93 Nays = 54, needed to pass 74), while in the Senate the vote on the bill (Yeas = 25 and Nays = 9 needed to pass 19).

Consider this, those voting against the bill think that it is okay for another state to circumvent our sovereignty as state to prosecute healthcare providers that perform legal medical treatment in our state. There by criminalize legal medical treatment in Connecticut. There is something in the US Constitution called Article IV, Section 2.

An article in USA Today wrote,

The socially conservative Family Institute of Connecticut has criticized the legislation, arguing it will create a “safe harbor” for “abortion providers who violate abortion laws in other states.”

So the FIC is okay with giving power to other states to pass laws that make it possible for them to say what is is legal in our state. It would allow another state to regulate the action of our citizens.

Bottom line… here in Connecticut trans children who come here for treatment and their healthcare providers are protected from extradition.