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Minnesota House passes 'Trans Refuge bill' that would reform child custody laws

If another state issues a subpoena for a person found to be violating their laws regarding gender-affirming healthcare, then it will not be enforced in Minnesota under the proposed bill as well.

Published: March 26, 2023 11:56am

The Minnesota House passed legislation, dubbed a "Trans Refuge bill" by proponents, that would prevent laws in other states from interfering with the medical gender transition of children in Minnesota, but critics argue the bill could cause parents to lose custody if they do not support their child's life-altering sex change.

Minnesota's first transgender lawmaker, Rep. Leigh Finke of the Democratic-Farmer-Labor Party, introduced the bill, HF 146, which passed the House in a 68-62 vote Friday.

"In the staggering rise of anti-transgender and anti-LGBTQIA2S+ legislation by extremist Republicans, Minnesota is a beacon of hope for trans and gender-expansive children and their families," Finke said after the bill passed. "The passing of the Trans Refuge bill will send a strong message to the trans community that they are loved, supported, and protected here in our state."

If another state orders for a child to be removed from the custody of their parent or guardian because they allowed the child to receive gender-affirming treatment, under the bill, that state's order "must not be enforced or applied" in Minnesota.

Additionally, the bill gives the court the jurisdiction to determine which parent has initial custody of a child if that child is in Minnesota "for the purpose of obtaining gender-affirming
health care."

The Minnesota Family Council, a Christian educational group, criticized the legislation. "This dangerous bill will allow a court of the state to take custody of children if parents do not want their children to undergo harmful & life-changing gender transition or other “gender-affirming” procedures," the group wrote on Facebook.

If another state issues a subpoena for a person found to be violating their laws regarding gender-affirming healthcare, then it will not be enforced in Minnesota under the proposed bill as well.

The bill now heads to the Democrat-controlled Minnesota state Senate.

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