Gender Affirming CARE Act would provide $25 million to the National Institutes of Health for federal public health researchers to understand health care obstacles
Washington (June 26, 2023) – Senator Edward J. Markey (D-Mass.), chair of the Senate Health, Education, Labor and Pensions Subcommittee on Primary Health and Retirement Security, today announced the introduction of theGender Affirming Care Access Research for Equity (CARE) Act, legislation that would authorize $25 million annually over five years for the National Institutes of Health and the Centers for Disease Control and Prevention to research barriers to gender-affirming care and the impact of those barriers on health. The transgender community is experiencing escalating attacks by lawmakers around the country that aim to prohibit access to medically-necessary care and allow for discrimination against transgender and nonbinary people. Since January alone, there have been more than 500 anti-LGBTQ+ state bills introduced, many of which include bans on gender-affirming care, and 20 state have laws or policies have passed banning gender-affirming care for youth.
“Trans health is health, and health care is a human right,”said Senator Markey. “We have a moral obligation to protect, defend, and expand the fundamental right for transgender and nonbinary people to get the care they need despite the tremendous legal, financial, and social barriers they too often face when accessing their health care. There is no question that transgender and non-binary people across America are under attack just for being who they are. We will not have true health equity for all until we have eliminated the health disparities trans and nonbinary people face. TheGender Affirming CARE Actwill help us better understand all of the factors keeping people from essential medical care so we can dismantle these obstacles and light the path forward.”
Cosponsors include Senators Alex Padilla (D-Calif.), Mazie Hirono (D- Hawaii), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Jeff Merkley (D-Ore.).
A copy of the legislation can be found HERE.
The legislation would build upon the promises in Senator Markey and Representative Pramila Jayapal’s (WA-07)Trans Bill of Rights, a landmark resolution calling on the federal government to protect and codify the rights of transgender and nonbinary people, as well as ensure that trans people have access to gender-affirming care.
TheGender Affirming CARE Actis endorsed by National Center for Transgender Equality, Transgender Legal Defense and Education Fund, Human Rights Campaign, Planned Parenthood Federation of America, National Health Law Program, National Center for Lesbian Rights, GLMA, Trevor Project, PFLAG National,GLBTQ Legal Advocates & Defenders (GLAD),Whitman-Walker Institute,Massachusetts Transgender Political Coalition,Fenway Health, and Transhealth.
“Transgender healthcare is vital to the health and well-being of transgender people, and we applaud the efforts of Senator Markey and the bill’s co-sponsors to ensure advances in science and medicine in this field,”said David Brown, Legal Director of the Transgender Legal Defense and Education Fund.
“Across the country, there’s a full blown attack on every kind of sexual and reproductive health care service, including gender-affirming care. It’s outrageous that politicians are gutting transgender rights, interfering with our ability to feel comfortable and seen in our own bodies, and creating insurmountable barriers to life-saving health care. Planned Parenthood is thankful to have champions in the Senate, like Senator Markey, who are meeting the moment and investing in the research needed to fight back. Patients across the country need more access to health care, not additional restrictions – and this bill demonstrates that everyone deserves the right to critical gender-affirming care,”said Alexis McGill Johnson, President and CEO of Planned Parenthood Federation of America.
“Transgender and nonbinary young people deserve to live happy, healthy lives. When trans young people receive support from the people in their lives and have access to the care they need, research shows they report lower suicide risk, better mental health outcomes and ultimately, thrive,”said Kasey Suffredini (he/him), Vice President of Advocacy and Government Affairs for The Trevor Project.“We are incredibly grateful to see this legislation introduced, which sends a powerful message of affirmation and acceptance to trans young people across the nation, while also helping ensure equitable access to important care for all.”
“We need federal action to support and protect transgender people in this country, especially trans youth and their parents,”said Brian K. Bond, Executive Director of PFLAG National.“These kids are being unduly harmed in dozens of states, where access to medically necessary care is being systematically blocked. Senator Markey’s bill is timely and critical; PFLAG families everywhere welcome this important step to support and protect trans kids.”
“Transgender health research is critically needed to ensure the health and well-being of transgender and nonbinary people. This includes on-label trials of hormone therapy and longitudinal studies of transgender health and well-being across the lifecourse,”said Sean Cahill, Director of Health Policy Research at The Fenway Institute of Fenway Health.“We commend Senator Markey and his staff for introducing this visionary legislation at a time of unprecedented political attacks on transgender people in our country.”
“TheGender Affirming CARE Actintroduced today by Senator Ed Markey is not just a bill; it is a lifeline,”said Dallas Ducar, President and CEO of Transhealth.“By funding crucial research on the barriers faced by transgender and gender-diverse people in accessing the healthcare they need and deserve, this bill makes powerful strides towards achieving equitable, accessible, and affirming care for all.”
“GLMA strongly supports theGender Affirming Care Access Research for Equity Actor theGender Affirming CARE Actand its provisions for funding research on barriers to gender-affirming care. By allocating $25,000,000 annually to the National Institutes of Health and the Centers for Disease Control and Prevention, this bill recognizes the urgent need to understand and address the impact of these barriers on health outcomes. We commend the commitment to advancing health equity and improving access to gender-affirming care, and believe that this research will contribute to creating a more inclusive and compassionate healthcare system for all individuals,”said Alex Sheldon, Executive Director of GLMA.
On International Transgender Day of Visibility in March, Senator Markey led colleagues in a letter urging President Biden to protect transgender people’s access to gender-affirming health care, protect them against violence and discrimination, and support health care providers facing threats of violence and limits on their ability to provide care. Last September, Senator Markey led a letter to Department of Justice (DOJ), the Department of Health and Human Services (HHS), and the Drug Enforcement Administration (DEA) urging the Biden administration to lift barriers to testosterone and expand access to gender-affirming hormone therapy for transgender people, including transgender men and transmasculine nonbinary people. In June 2022, Senator Markey secured commitments from online companies Facebook, PayPal, Discover, Visa, and Instacart to his March inquiry into their name-change policies that contributed to harmful deadnaming practices of referring to transgender, nonbinary, and gender nonconforming users’ birth or legal name that they no longer use. In March 2021, Senator Markey and Representative Chris Pappas (NH-01) reintroduced the Gay and Trans Panic Defense Prohibition Act to prohibit using “gay panic” and “trans panic” defense in federal court.
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