NEW JERSEY — Ed Durr says he consulted with medical professionals before introducing a bill that would essentially ban gender-affirming medical care for transgender youth in New Jersey. But he refused to identify any of them to Patch.

The "Child Protection and Mutilation Act" would criminalize several medical interventions and procedures for youth that are often associated with transgender care — some more common for trans children, such as puberty blockers, and other procedures almost never offered to kids, such as hysterectomies.

The legislation from Durr — a Republican representing New Jersey's 3rd Legislative District — would make it a third-degree crime to perform such procedures on youth. The medical care would become punishable by three to five years in prison, a fine of up to $15,000, or both. Read more: Child 'Anti-Mutilation' Bill Proposed By South Jersey Senator

"You’re going after — obviously if the hospital was to do it and a doctor who would disregard the law," Durr said of who would face criminal punishment.

Certain exceptions would apply. For instance, male circumcision and puberty blockers for a "verifiable disorder of sex development" would remain legal. Procedures that reconstruct intersex babies' genitalia toward an assigned sex of male or female would remain legal, despite the surgeries often lacking medical necessity and getting labeled a human-rights violation, according to major organizations such as Human Rights Watch, along with United Nations officials.

"Children who are born with atypical sex characteristics are often subject to irreversible sex assignment, involuntary sterilization, involuntary genital normalizing surgery … leaving them with permanent, irreversible infertility and causing severe mental suffering," says a 2013 report from the U.N.'s special rapporteur on torture.

Durr, who introduced the legislation Sept. 29, remains the lone sponsor as of Friday. The bill is unlikely to pass during the 2022-23 legislative session, given Democratic majorities in the State Senate and Assembly and Phil Murphy holding the governorship. But the measure comes amid a surge in bills and laws targeting gender-affirming care across the nation — measures critics have called anti-LGBTQ.

Moreover, the bill contradicts the guidance of major medical organizations which say delaying treatment can exacerbate symptoms and stressors of gender dysphoria — the sense of distress that can arise when a person's biological sex mismatches their gender identity. The American Medical Association, the American Psychiatric Association and American Academy of Pediatrics support comprehensive care for transgender youth and oppose efforts to ban access to care.

But Durr feels differently than the major medical associations.

"If you think about it, we don’t let minors go to R-rated movies," he told Patch in an interview about the bill. "We don’t let minors smoke cigarettes or drink alcohol, because they’re not developed. Their minds are not right to comprehend the consequences. Don’t you think the surgery should be part of this?"

'I Will Not Give You The Doctor's Name'

The bill would ban an array of medical practices on minors, including puberty blockers, prescriptions of testosterone or estrogen, vasectomies, hysterectomies and genital reconstruction. Durr said he didn't know which of the practices in his bill get performed on children in New Jersey, but he wanted the legislation to be comprehensive.

The most accessible type of gender-affirming care is social affirmation, which federal officials recommend for any age. That means allowing a child to alter their hairstyle, clothing, name, gender pronouns and allowing restroom access. Then, a medical professional may prescribe puberty blockers — hormones that pause pubertal development, which are reversible, according to the U.S. Department of Health and Human Services.

There are two common forms of puberty blockers, according to the St. Louis Children's Hospital:

If a child decides they want to develop characteristics of the sex they were assigned at birth, they can stop taking puberty blockers, according to the St. Louis Children's Hospital. But children who want to continue transitioning can consider medical care for later on in their teens, such as hormone therapy.

Medical professionals often administer puberty blockers for other reasons, such as precocious puberty. They would remain legal for that purpose under Durr's bill.

The state senator claimed that puberty blockers do permanent damage, which led to the following exchange:

Patch: What's the damage? Durr: It’s exactly in the statement: puberty blocker — it’s blocking puberty. What is hard to understand about that? It damages going through puberty. So how is that not damage? Patch: It delays puberty, but it doesn’t prevent puberty. So if it’s a delay, then how is that damage? Durr: No, it causes damage. You can say "oh, it’s a delay," but it causes damage. It causes damage to the body. It causes damage to the psyche. So it’s a damage. That’s coming straight from a doctor. Again, no I will not give you the doctor’s name. They do not need this harassment.

The bill also maintains the legality of surgeries that reconstruct the genitals of intersex babies. Such procedures have been controversial because of reports that the surgeries can compromise sexual function and sensation while creating lifelong health issues. In 2015, the Council of Europe recognized the right of intersex persons to forgo sex-assignment surgery.

Three former U.S. surgeon generals published a paper in 2017 calling for a rethink of early genital surgeries on children with intersex traits.

"When an individual is born with atypical genitalia that pose no physical risk, treatment should focus not on surgical intervention but on psychosocial and educational support for the family and child," the paper said. "Cosmetic genitoplasty should be deferred until children are old enough to voice their own view about whether to undergo the surgery."

But Durr said they remain legal in the bill because he "spoke to a few doctors."

No Religious Or Cultural Exemptions

Durr reached the State Senate in an upset bid. The truck driver defeated then-Senate President Stephen Sweeney, a Democrat, in last year's election for the seat. But some of Durr's prior social media posts became widespread because of his newfound publicity. He apologized in November 2021 for a tweet he sent in September 2019 in which he stated "Mohammad was a pedophile! Islam is a false religion!" Read more: GOP State Senator-Elect Faces Backlash Over Islamophobic Tweets

In other posts, Durr seemed to equate support of COVID-19 vaccine mandates to remaining silent during the Holocaust. One included a photo of a person wearing a star that says "NON VACCINE" — similar to the yellow star the Nazi Party forced Jewish people to wear.

In his apology for past statements, Durr told media the following: "I support everybody’s right to worship in any manner they choose and to worship the God of their choice. I support all people and I support everybody’s rights. That’s what I am here to do, work for the people and support their rights."

But Durr's bill wouldn't allow for religious and cultural exemptions, despite Judaism and many Indigenous cultures recognizing gender nonconformity and genderfluidity.

The Talmud — a primary source of Jewish community law — recognizes eight gender designations, including the following: aylonit adam (identified female at birth but later developing male characteristics via human intervention) and saris adam (the reverse, in which someone identified male at birth later develops female qualities through human intervention).

Asked whether Durr's bill would include any religious exemptions, Durr said "What are you talking about?" When informed of belief systems that recognize gender transitions, he still opposed exemptions.

"There are no religious exemptions for mutilating surgeries and irreversible treatment," Durr said. "That is nothing less than child abuse. That’s the bottom line. I don’t see your point in having a surgery that would be irreversible."

Higher Than The Age Of Consent

New Jersey's age of consent is 16, meaning that's when state law says they can consent to sexual activity with another adult, no matter the age. Durr's bill would move the minimum age for accessing gender-affirming care two years higher than the age when they can have sex with adults.

Patch: New Jersey’s age of consent is 16 to have sex with an adult without permission. So why should gender-affirming care begin later than when a 16-year-old can consensually have sex with an adult? Durr: They can’t have a firearm until they’re 18. Why not 12? New Jersey’s law also says they can’t drink alcohol until they’re 21. Why 21? Why not 18? Why not 16? Patch: Do you want to change the ages on those? Durr: No, no. I want it consistent. Either you’re an adult at 18, or you’re not an adult. Or you can consent at 16 and you can do whatever you want at 16 and make everything 16. You have too many confusions in laws. How about having one standard? I’m going with the standard that most people affirm to: 18 is an adult. That’s my standard. I believe 18 is an adult, so let’s go with 18. Patch: So do you plan to introduce any legislation that would raise the age of consent, in that case? Durr: Not at this particular time. But I think that would be, again, left to a parent to have the discussion with their child. That’s not my place to tell the parent how to raise their children, just like it’s not your place to tell me how to raise mine. I don’t believe the government has any input in telling how to raise a child.

Several hospitals around the United States that provide gender-affirming care to children have received threats in recent months. Boston Children's Hospital received several threats, including a hoax bomb call in August, after social media influencers spread false information that the hospital that the facility offered "gender-affirming hysterectomies" to youth.

To qualify for a gender-affirming hysterectomy, Boston Children's Hospital patients must be at least 18 and have a letter from a doctor stating they have "persistent, well-documented, gender dysphoria."

Three major medical associations urged the U.S. Department of Justice last week to investigate recent threats of violence against children's hospitals that provide gender-affirming care.

"Children’s hospitals and their medical staffs continue to face increased threats via social media — including to their personal accounts," said the letter from the American Academy of Pediatrics, American Medical Association and Children's Hospital Association. "Coupled with harassing emails, phone calls, and protestors at health care sites, there is elevated and justifiable fear among families, patients, and staff."

RWJBarnabas Health, a New Jersey provider which has an expansive LGBTQIA program, says that despite the difficult landscape for hospitals, it will continue providing gender-affirming care.

"RWJBarnabas Health is committed to providing high-quality, culturally-competent care to improve the health and well-being of our communities, including the transgender community," said a statement from the health care network. "We fully support transgender youth and their families in accessing comprehensive, gender-affirming and developmentally appropriate health care. We are proud to work with our patients, families and caregivers in making informed medical decisions and stand in solidarity with the transgender community."

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