Sen. Mike Fesi
Louisiana State Senator Mike Fesi (“Big Mike” | via campaign website
If only they cared as much about trans youth as they care about a fertilized egg.

Louisiana State Senator Mike Fesi (who refers to himself as “Big Mike”) wants to make it more difficult for transgender children and adolescents to receive the medical care recommended by the American Academy of Pediatrics.

Louisiana law regarding medical emancipation:

La. R.S. 40:1095 § 40:1095. Medical treatment
A. (1) Consent to the provision of medical or surgical care or services by a hospital or public clinic, or to the performance of medical or surgical care or services by a physician, licensed to practice medicine in this state, when executed by a minor who is or believes himself to be afflicted with an illness or disease, shall be valid and binding as if the minor had achieved his majority. Any such consent shall not be subject to a later disaffirmance by reason of his minority.

In other words, in Louisiana every child at every age is medically emancipated except, of course, trans kids If Mike Fesi is successful.

Medical emancipation is less relevant than what Fesi wants to do:

Fesi has filed SLS 21RS-199. If enacted, all gender-affirming therapy, including psychological support, requires the consent of both parents.

The only exceptions are:

… if the other parent is dead, unknown, interdicted, found by a court to be mentally incompetent, or has had their parental rights involuntarily terminated pursuant to Children’s Code Art.

There is no exception for divorced parents even if only one has custody:

if the parents disagree and custody of the minor has been awarded by court judgment to one or both parents, either parent may petition the court for an order approving or rejecting consent in the best interest of the minor. The motion shall be set for contradictory hearing with the other parent and the hearing may be closed to the public. If the court approves consent to the gender therapy, the informed written consent shall be executed by the consenting parent and a copy of the order attached.
Meanwhile, a kid is suffering and at serious risk for self-harm while hearings are scheduled, held and a judge arrives at a decision. That could take months.

There isn’t even an exception if the other parent cannot be located. Suppose the other parent is living abroad? The matter goes before a judge who might make the exception but this is all very time consuming while a child is in severe distress.

Let us assume, for the moment, that the mother has custody. She has sought multiple medical opinions regarding her transgender daughter who now needs puberty blockers to prevent the formation of secondary sexual characteristics that would subject her daughter to considerable discomfort. Mom might even be a pediatrician

Along comes daddy and he is desperate for a son. He might be a liar or even an abusive parent. He might have never paid child support. Nevertheless, regardless of the consequences he is determined to have a son. He consults with a pastor who consults with a Christian legal group which now represents daddy in court.

What I have just described, with the exception of the puberty blockers, is exactly what transpired in the Younger case in Texas. Senator Fesi now requires a judge with less information than the custodial parent to make a determination regardless of the judgment of that custodial parent. She lives with the child and is responsible for her medical care.

I am sure that some judges will follow the medical science. However, many Louisiana judges are probably religious conservatives which means that what determines a youth’s medical care will be religious dogma or the teachings of the Catholic Church.

In fact, suppose the kid is prepubescent and requires emotional support from a psychologist. Mom would either have to subject her child to a crackpot or obtain her former-husband’s consent for proper medical care.

Dual consent is required for:

Counseling or psychotherapy treatment founded on the position that,regardless of a person possessing physical attributes of a certain gender at birth, no gender identity, expression, or experience by that person is any more valid than any other.

The above language eliminates virtually every behavioral health specialist in the nation who believes in medical science. Senator Fesi is in the oil and gas business. He obviously knows nothing about trans medical care. He doesn’t understand the importance of timely treatment. Nor does he understand the potential severity of gender dysphoria.

Republicans have created a fetish around the treatment of transgender youth. Find another fucking hobby! One that doesn’t kill kids. If only they cared as much about trans youth as they care about a fertilized egg.

By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.