II 

118TH CONGRESS 

1ST SESSION S. 457 

To establish a Federal tort against pediatric gender clinics and other entities 

pushing gender-transition procedures that cause bodily injury to children 

or harm the mental health of children. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2023 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To establish a Federal tort against pediatric gender clinics 

and other entities pushing gender-transition procedures 

that cause bodily injury to children or harm the mental 

health of children. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Our Kids 

5 from Child Abuse Act’’. 

6 SEC. 2. FEDERAL TORT FOR HARM TO CHILDREN CAUSED 

7 BY GENDER-TRANSITION PROCEDURES. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) GENDER TRANSITION PROCEDURE.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the term ‘‘gender-transition 

4 procedure’’ means— 

5 (i) the prescription or administration 

6 of gonadotropin-releasing hormone agonists 

7 or any other puberty-blocking drugs for 

8 the purpose of changing the body of an in9 dividual so that it conforms to the subjec10 tive sense of identity of the individual, in 

11 the case such identity is at odds with the 

12 individual’s biological sex of male or fe13 male; 

14 (ii) the prescription or administration 

15 of testosterone (when prescribed to a fe16 male) or estrogen (when prescribed to a 

17 male) for the purpose of changing the body 

18 of an individual so that it conforms to the 

19 subjective sense of identity of the indi20 vidual, in the case such identity is at odds 

21 with the individual’s biological sex of male 

22 or female; or 

23 (iii) a surgery to change the body of 

24 an individual so that it conforms to the 

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1 vidual, in the case such identity is at odds 

2 with the individual’s biological sex of male 

3 or female. 

4 (B) EXCEPTION.—The term ‘‘gender-tran5 sition procedure’’ does not include— 

6 (i) an intervention described in sub7 paragraph (A) that is performed on— 

8 (I) an individual with biological 

9 sex characteristics that are inherently 

10 ambiguous, such as those born with 

11 46 XX chromosomes with virilization, 

12 46 XY chromosomes with 

13 undervirilization, or having both ovar14 ian and testicular tissue; or 

15 (II) an individual with respect to 

16 whom a physician has determined 

17 through genetic or biochemical testing 

18 that the individual does not have nor19 mal sex chromosome structure, sex 

20 steroid hormone production, or sex 

21 steroid hormone action, for a biologi22 cal male or biological female; 

23 (ii) the treatment of any infection, in24 jury, disease, or disorder that has been 

25 caused or exacerbated by the performance 


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1 of an intervention described in subpara2 graph (A) without regard to whether the 

3 intervention was performed in accordance 

4 with State or Federal law or whether the 

5 intervention is covered by the private right 

6 of action under subsection (c); or 

7 (iii) any procedure undertaken be8 cause the individual suffers from a physical 

9 disorder, physical injury, or physical illness 

10 that would, as certified by a physician, 

11 place the individual in imminent danger of 

12 death or impairment of major bodily func13 tion unless the procedure is performed. 

14 (2) HOSPITAL.—The term ‘‘hospital’’ has the 

15 meaning given such term in section 1861(e) of the 

16 Social Security Act (42 U.S.C. 1395x(e)). 

17 (3) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the 

19 meaning given such term in section 101 of the High20 er Education Act of 1965 (20 U.S.C. 1001). 

21 (4) MEDICAL PRACTITIONER.—The term ‘‘med22 ical practitioner’’ means a person who is licensed, 

23 certified, or otherwise authorized by the laws of a 

24 State to administer health care in the ordinary 

25 course of the practice of the person’s profession. 


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1 (5) MINOR.—The term ‘‘minor’’ means an indi2 vidual who has not yet reached 18 years of age. 

3 (6) PEDIATRIC GENDER CLINIC.—The term 

4 ‘‘pediatric gender clinic’’ means a medical facility 

5 that specializes in the diagnosis or treatment of gen6 der discordance and gender dysphoria in minors, in7 cluding medical interventions such as therapeutic di8 agnosis of gender dysphoria and performance of (or 

9 referral for) gender-transition procedures on minors. 

10 (b) LIABILITY.—The following individuals and enti11 ties shall be liable in accordance with this section to any 

12 individual who suffers bodily injury or harm to mental 

13 health (including any physical, psychological, emotional, or 

14 physiological harm) that is attributable, in whole or in 

15 part, to a gender-transition procedure performed on the 

16 individual when the individual was a minor: 

17 (1) A pediatric gender clinic where the gender18 transition procedure was provided. 

19 (2) Any medical practitioner who administered 

20 health care, at the time of the particular procedure, 

21 at the pediatric gender clinic where the gender-tran22 sition procedure was provided. 

23 (3) An institution of higher education that 

24 hosts, operates, partners with, provides funding to, 

25 or is otherwise affiliated with the pediatric gender 


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1 clinic where the gender-transition procedure was 

2 provided. 

3 (4) A hospital that hosts, operates, partners 

4 with, provides funding to, or is otherwise affiliated 

5 with the pediatric gender clinic where the gender6 transition procedure was provided. 

7 (5) Any medical practitioner who performed the 

8 gender-transition procedure on the individual. 

9 (c) PRIVATE RIGHT OF ACTION.—An individual who 

10 suffers bodily injury or harm to mental health that is at11 tributable, in whole or in part, to a gender-transition pro12 cedure provided to the individual when the individual was 

13 a minor may, not later than 30 years after the date on 

14 which the individual turns 18 years of age, bring a civil 

15 action against an individual or entity described in sub16 section (b), in an appropriate district court of the United 

17 States or a State court of competent jurisdiction for— 

18 (1) compensatory damages; 

19 (2) punitive damages; and 

20 (3) attorney’s fees and costs. 

21 (d) AFFIRMATIVE DEFENSE.—It shall be an affirma22 tive defense to an action brought by or on behalf of an 

23 individual upon whom a gender-transition procedure was 

24 performed under subsection (c) that the pediatric gender 

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1 transition procedure on the individual, at all relevant 

2 times, did not know and had no reason to know that the 

3 individual in question was a minor. 

4 SEC. 3. PROHIBITION ON FUNDING. 

5 No Federal funds may be made available— 

6 (1) to a pediatric gender clinic; 

7 (2) to an institution of higher education or hos8 pital that hosts, operates, partners with, provides 

9 funding to, or is otherwise affiliated with, a pediatric 

10 gender clinic; or 

11 (3) for any gender-transition procedure per12 formed on a minor. 

13 SEC. 4. EFFECTIVE DATE AND RETROACTIVE APPLICATION. 

14 This Act shall— 

15 (1) take effect on the date of enactment of this 

16 Act; and 

17 (2) apply to any gender-transition procedure 

18 that took place before, on, or after the effective date 

19 under paragraph (1). 

20 SEC. 5. SEVERABILITY. 

21 If any provision of this Act, or the application of such 

22 provision to any person or circumstance, is held to be un23 constitutional, the remainder of this Act, and the applicaVerDate Sep 11 2014 05:08 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S457.IS S457

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1 tion of the remaining provisions of this Act, to any person 

2 or circumstance, shall not be affected. 

Æ 


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