Nebraska’s Transgender Minors, Families, and Medical Professionals Prepare for New Legislation Affecting Gender-Affirming Care

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As a new law aimed at restricting gender-affirming treatments for minors comes into force in Nebraska, concerned families with transgender children and the medical practitioners who provide their care are girding themselves for impending changes. However, the precise nature and extent of these changes remain uncertain.

One significant element of the law consists of treatment guidelines that have not yet been formulated. Despite attempts to get information from health authorities, affected families, physicians, and even lawmakers have largely received no clarity on when to expect these new regulations. These guidelines are expected to define the circumstances under which transgender minors can receive puberty blockers and hormones.

A widespread apprehension exists that Republican officials and their appointees, who are responsible for implementing these regulations, may be deliberately delaying the process. The objective, some fear, is to obstruct new treatments for transgender individuals under the age of 19, which is the age of majority in Nebraska.

Heather Rhea, a 42-year-old resident of Lincoln with a 17-year-old transgender daughter, reported a complete lack of communication from official channels. “There have been no public statements, no information on the website to indicate the progress or timeline for the new rules,” she stated.

The legislation, which takes effect this coming Sunday, prohibits gender-affirming surgical procedures for individuals under the age of 19 and imposes limitations on who among this age group can receive nonsurgical treatments. Current patients who are minors and are already receiving puberty blockers or hormones may continue their treatments. However, new patients who are minors will be generally barred from initiating such treatments.

The American Academy of Pediatrics advocates gender-affirming treatments for those under 18, citing heightened suicide risks for transgender adolescents. Under the new law, only those minors demonstrating “a persistent and intense pattern of gender nonconformity or gender dysphoria” would be eligible for puberty blockers or hormone treatments, contingent on forthcoming guidelines from the state’s newly appointed chief medical officer, Dr. Timothy Tesmer. Tesmer, an ear, nose, and throat specialist, is a political appointee of Republican Governor Jim Pillen.

Governor Pillen has been a strong advocate of anti-transgender legislation. During the law’s signing ceremony, he suggested that families seeking gender-affirming treatments are being deceived, employing strong language to express his stance. In a preceding executive order, the Governor defined sex strictly based on one’s sex assigned at birth.

State Senator John Cavanaugh of Omaha indicated his office has been inundated with queries from the public, but has received no answers from the Nebraska Department of Health and Human Services. “There’s significant concern and fear about what will happen to the transgender community,” he said.

Some families are taking action. Heather Rhea’s daughter, 17-year-old Nola Rhea, plans to attend college in Minnesota, where protections for gender-affirming care exist, after her high school graduation.

Dr. Alex Dworak, a family physician in Omaha, echoed these concerns. He revealed that five of his transgender patients have already left the state due to the impending legislation. Despite discussions with Dr. Tesmer about emergency regulations, no such provisions have been announced.

Neither Dr. Tesmer nor a spokesperson for the Department of Health and Human Services have responded to multiple interview requests about the drafting of the forthcoming guidelines.

At least 22 other states have enacted similar restrictions, many of which are facing legal challenges. A comparable ban in Arkansas was recently struck down by a federal court, a decision that will be appealed in the 8th U.S. Circuit Court, which also has jurisdiction over Nebraska.

Frequently Asked Questions (FAQs) about Nebraska transgender minors law

More about Nebraska transgender minors law

• Nebraska’s New Gender-Affirming Treatment Law
• American Academy of Pediatrics Position on Gender-Affirming Care
• Legal Challenges to Similar Laws in Other States
• Dr. Timothy Tesmer Biography
• Gov. Jim Pillen’s Stance on Gender Issues
• 8th U.S. Circuit Court Decisions
• Gender Dysphoria and Suicide Risks
• Minnesota’s Protections for Gender-Affirming Care