Nebraska Lawmakers Restrict Trans Youth. It Is Time To Act!

Summary

Nebraska has implemented restrictive regulations for transgender youth seeking gender-affirming care, including a mandatory 40-hour "clinically neutral" therapy and a 7-day waiting period before starting medication.

Abstract

The state of Nebraska has enacted new restrictions on transgender youth's access to gender-affirming healthcare, requiring a 7-day waiting period and a minimum of 40 hours of "gender-identity-focused" therapy that is "clinically neutral." This policy comes amidst a backdrop of increased demand for mental health services and a shortage of therapists and psychiatrists, exacerbated by the stresses of the COVID-19 pandemic and political climate. The requirement for therapy that is neither gender-affirming nor conversion-focused, coupled with the necessity for parental or guardian support, presents significant barriers to transgender minors who may not have a supportive home environment or the means to afford such therapy. Additionally, the requirement for individuals to live as their preferred gender for 6 months before receiving care adds further challenges, particularly in school settings with restrictive policies. The author argues that instead of enacting such legislation, there should be a focus on creating laws that provide greater access to care and support, emphasizing the need for compassionate policies that prioritize the well-being of gender-questioning youth.

Opinions

The author suggests that the new regulations in Nebraska are overly burdensome for transgender youth seeking gender-affirming care.
There is a concern about the affordability and availability of qualified therapists to meet the 40-hour therapy requirement.
The author implies that the requirement for "clinically neutral" therapy may be difficult to define and enforce.
Parental or legal guardian support as a condition for treatment is seen as problematic for youth who do not have supportive adults in their lives.
The author expresses skepticism about the practicality and sensitivity of policies that require transgender youth to live as their preferred gender for 6 months prior to receiving care, especially in unsupportive environments.
The author advocates for legislation that increases access to healthcare and support for transgender youth, rather than laws that create additional barriers to care.
There is a call to action for policies that address concerns about potential mistakes in gender identity while also providing genuine help and preventing self-harm during treatment delays.

I read the news today, oh boy.

Nebraska is imposing a 7 day wait for trans youth to start gender-affirming medications. What’s the big deal?

Well it’s not just that.

The regulations also require transgender minors to undergo at least 40 hours of “gender-identity-focused” therapy that are “clinically neutral” before receiving any medical treatments meant to affirm their gender identities. This might not sound so onerous if you are used to seeing a therapist for an hour weekly. Hey, 40 weeks is less than 1-year, after all!

If you are transgender seeking therapeutic support, it is not that easy to find and afford therapy. In my experience, fees range from $100-$150 an hour for a licensed therapist. I am certain a psychiatrist costs even more. Regardless, therapists and psychiatrists are in short supply. I don’t know but suspect that the stresses of the Covid shutdown and our incessant doomsday politics are taking its toll on the mental health of the entire population. There are far more requests for therapeutic help than there are therapists available.

If you are a transgender minor, and unable to come out to your parents or have no support from them, you are out of luck. How do you gain access to a therapist? Maybe at school, but have you paid attention to recent school policies?

Then there is the question of what is “clinically neutral?” Digging further, I found that those hours must be “clinically neutral and not in a gender-affirming or conversion context” and must include “sufficient parental or legal guardian support during and post treatment.” If you are not legally an adult yet, what does that mean to you? Are you running to ask your mother or father for support? If the answer is yes, you are fortunate, but how many dare not, indeed, how many cannot?

Maybe your parents are ideologically opposed to you being the person you are?

Perhaps you live with foster parents, good people, but again unaccepting of nonbinary gender identities?

Oh, by the way, before you can receive any medical or psychological support, you have to live 6 months as your preferred gender. Again, as a minor, you may not be allowed to do this. And even if you can, the school environments now being fostered with bathroom and pronoun restrictions make this a social nightmare for any child beginning transition.

I remember my own youth and how supportive the world was and the options available to me. The message is clear. Get in that closet and stay there!

It’s time we cease fighting by pointing out the failures of this type of legislation. It is time to focus on promoting laws that supply greater access to care and support for everyone, especially gender questioning youth. Are you afraid that people, especially children, might be making a mistake? That is a reasonable fear if not exactly born out statistically. But still it does and can happen, so what do we do? Why don’t we put our compassion into action by providing more support, more mechanisms for access to the mental and physical healthcare to help people cope and succeed without suffering further harm? Why don’t we employ policies that precent or limit the risks of self-harm during periods of suspended treatments while suffering depression and isolation?

It’s time we focus on solutions that address everyone’s concerns and also actually help those who need that help!

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