State Rep. DeShanna Neal sponsored new legislation, HB 346, in the Delaware General Assembly that seeks to amend the state’s availability of so-called transgender healthcare to minors without parental consent.
HB 346 is an update to HB 455 that gave legal protection to abortion providers in Delaware to include doctors that provide “gender-affirming health care.” On its face, Delaware lawmakers claim the bill only seeks to protect doctors wanting to help patients with gender dysphoria receive care without being subjected to civil lawsuits. However, after a closer look at this bill, it seems that protection comes at the cost of Delaware’s most vulnerable patients.
“Gender-affirming care” is a euphemism proponents use to describe the use of irreversible hormone suppression and hormone treatments that can lead to chemical castration, as well as surgeries like mastectomy, phalloplasty and vaginoplasty.
Similar to other bills enacted by Democrat-led states around the country, HB 346 does not hide the intention to perform these surgeries on patients. It adds “interventions to align the patient’s appearance or physical body with the patient’s gender identity” to the list of protected medical treatments. (ROOKE: Blue State Dems Soundly Lost Debate On Radical Trans Bill — So Now They Want To Sneak It Past You)
Even more worrisome for parents is that no legal action can be taken against a provider who performs these procedures on patients and restricts doctors from telling parents about a patient’s diagnosis or treatment.
This bill:
- Protects communications and records between doctors and patients regarding “gender-affirming healthcare” during civil actions with limited exceptions
- Shields healthcare providers offering “gender-affirming healthcare” from civil actions even if the suit was filed in another state
- Protects doctors who perform these procedures from losing their professional license in Delaware by clarifying that as long as they work under Delaware law, these providers are not subject to other states’ regulations
- Prohibits insurance companies from increasing premiums or taking other adverse actions against doctors, organizations, or hospitals providing transgender procedures
- Even gives providers the ability to recover costs, damages, and attorney fees used to defend against suits brought against them in other states for providing “gender-affirming healthcare” that is legal in Delaware
During the Mar. 27 House Health & Human Development Committee Meeting on HB346, several Republican members asked about the concerns that this bill would allow for a non-custodial parent to illegally take their child across state lines to receive these treatments without the other parent knowing.
Democrats shot down these concerns, claiming Republicans’ questions had nothing to do with protecting doctors. This is precisely the fear of a bill like this that strips parental rights away and makes life-long patients out of confused children. How will parents make their children whole again if there is no avenue for legal recourse? How can destransitioners sue their providers if the procedures that sterilize them or cause life-altering injuries are legal under Delaware law?
It was clear that Democrats championing this legislation either had no idea their language would allow for these legal loopholes or knew they would and hoped no one would notice. (ROOKE: Leaked Docs Reveal The Trans Cult Is Going Even Further Than We Ever Knew)
Alexander Lonstein, a New York-licensed family lawyer, told the Daily Caller that HB 346 “is a shield for doctors to perform surgeries for minors without civil or criminal consequences.”
He said his interpretation is that “if someone brings a lawsuit against a doctor who provided gender-affirming care for a patient or sued an individual who was subject to gender-affirming health care as defined by the state, that information would be shielded from being disclosed by a medical professional unless the patient gave the authorization; even then, it is not clear whether the doctor would be forced to comply.”
“HB 346 specifically uses the word ‘Developmentally’ in §1702(d). I don’t see how that applies to anyone other than minors, even though it does not specifically mention minors. Who else could it possibly affect when referring to ‘Developmentally appropriate services?’ This is a poorly veiled attempt to codify the “right” for minors to receive irreversible life-altering surgery,” Lonstein said.
“Equally concerning is that §1702(d)(1) states, ‘Treatment that provides exploration and integration of the patient’s gender identity.’ This language is highly concerning to me. What does exploration mean in this context? What are the limits to ‘exploring’? The Delaware General Assembly should recognize they are playing with children’s lives, and this is not a thought experiment,” he continued.
Watching the vote in Delaware this morning for HB 346, and of course, Planned Parenthood wants it to pass! The money they get from sterilizing minors is just too much to pass up. Ghouls.
— Mary Rooke (@MaryRooke_) March 27, 2024
Neal’s march toward this bill is clearly a personal one. Her legislative profile uses they/them pronouns to promote her as the first non-binary elected official in Delaware. She is also a mother of four, an activist for social justice reform and an author, according to the website.
“DeShanna and their oldest child, Trinity, became public figures back in 2016 after news about their battle with Medicaid to cover Trinity’s gender affirming care, got around. They are responsible for the creation of Nemours pediatric gender clinic, New Castle County’s LGBTQ Youth Pride Day (Sept. 30th), and Delaware’s first-ever Drag Queen Story Hour,” her profile states.
Neal’s profile also says she founded a Delaware-based non-profit, Intersections of Pride Foundation, “which works to bridge the gaps faced by the LGBTQ community in our society.” She also boasts about using her legislative position to continue her LGBTQ advocacy.
She claims that at three years old, her son, who is now in his twenties and identifies as a woman named Trinity, was diagnosed with clinical depression because of his gender dysphoria. At the time, only one therapist would take the case because of the restrictions on transgender medicine in Delaware. She later co-authored a children’s picture book with Trinity titled, “My Rainbow.” The chances of a parent having even one child with gender dysphoria are astronomical, but to have two seems completely unlikely.
Neal said at the Delaware LGBTQ Youth Rally in 2023, the doctor told her the line so many other families have heard over the years: “You have a choice to make either a happy little girl or a dead little boy.”
“As a mother to two beautiful transgender daughters, I’ve witnessed firsthand the transformative impact of gender-affirming care. Beyond its manifold mental and physical health benefits, this care unquestionably saves lives,” Neal said in a statement released by Delaware Democrats. (ROOKE: State Senate Wants To Legalize Making Obscene Materials (Porn) Available To Minors)
“When I fought for my daughter’s gender-affirming care, I promised that one day I would ensure all transgender people, whether from Delaware or not, would be able to get the gender-affirming care they need,” she said. “With this legislation, I’m keeping that promise.”
The voting period on HB 346 was extended due to committee members’ absences. The committee has ten Democrats and six Republicans.
Democrat state Rep. Eric Morrison told the Daily Caller he will be voting yes on HB 346 because of his LGBTQ affiliation.
“I am a co-prime on the bill, so I will certainly be voting for it. And especially as one of the first three openly LGBTQ+ legislators ever elected to the Delaware General Assembly, and as someone who has been very active in Delaware’s LGBTQ+ community for 30 years,” Morrison said.
The Delaware Assembly is a Democrat-run legislature, meaning this bill is expected to pass if it reaches a floor vote.