Senator Justin Brown's Legislative Column for March 24, 2023


Friday, March 24, 2023

Protecting Women and Children

This week, the Missouri Senate advanced two bills addressing issues related to transgender individuals. One measure bans gender transition treatments and surgeries for children, while another protects female student athletes from unfair competition. Both measures have been sent to the House of Representatives for its consideration.

Known as the “Save Adolescents from Experimentation (SAFE) Act,” Senate Bill 49 prohibits health care providers from performing gender transition surgery on minor children. The bill also bans the administration of cross-sex hormones or puberty blocking drugs to minors, unless the child was receiving treatments prior to Aug. 28, 2023. Violation of the bill’s provisions would be considered unprofessional conduct and could result in a health care provider losing their professional license. The SAFE Act includes exceptions for minors born with verifiable sexual development disorders, and for treatment of injuries or disease.

This legislation advanced through the Senate Emerging Issues Committee, which I chair. The hearing on this bill was contentious and emotionally charged, with heartfelt testimony presented by witnesses on all sides of the issue. I was especially moved by the compelling stories of two young women who underwent gender transition treatments as children and later regretted the path they had begun. The need to protect children from these sorts of treatments took on greater urgency when a former employee of a St. Louis-based transgender clinic came forward alleging children were often rushed into gender-transition “care” without fully understanding the long-term consequences. The whistleblower’s accusations were so persuasive Missouri’s attorney general launched an investigation of the clinic, and has subsequently issued a temporary order halting gender transition procedures for children. I believe it’s critical we protect children from irreversible, life-altering hormonal and surgical procedures for the purpose of attempting to alter their gender. I’m gratified the Senate passed this legislation, and I look forward to the House moving it on toward the governor’s desk.

Also passed this week, Senate Bill 39 would prevent transgender athletes from enjoying an unfair advantage in school sports. The bill, which also passed through the Emerging Issues Committee, states a student athlete may only compete in sports intended for the gender listed on their birth certificate. A biological female would be allowed to compete in male sports if no program for women is available, but transgender females won’t be allowed to participate in sports designated for women. Schools that violate the law could lose state funding. The bill applies to every school in Missouri, from K-12 through post-secondary institutions.

There have been a number of examples around the nation of transgender female athletes enjoying great success competing against biological females. In some cases, these individuals barely ranked when they previously competed as males, but their innate physical advantages allowed them to immediately rise to the top of their sport once they identified as female. That’s not fair. It also defeats the whole purpose of the federal Title IX legislation that prohibited sex discrimination in education. Senate Bill 39 preserves the great strides female athletes have enjoyed since Title IX’s passage in 1972. I believe we must protect female athletes from unfair competition and this bill does that.

It’s my honor to serve as your senator for the 16th District. If you have questions or need any assistance, please call my office at 573-751-5713 or log onto my webpage at https://www.senate.mo.gov/brown for more information.