By Michael Bielawski

New laws passed in 2023 are starting to take effect concerning legal liability for healthcare providers when they perform abortions or transgender-related procedures.

Act 14 (liability protection)

A new law known as Act 14 allows various liability protections for those performing abortions or gender-affirming surgeries. It was passed in 2023.

The act “establishes a policy of noncooperation with abusive litigation concerning legally protected health care.” It lists numerous scenarios where police, courts, and other public institutions will be forbidden from cooperating with litigation if it concerns one of these healthcare procedures.

Courts will be restricted in who they can call in for testimony in a case involving abortions or transgender procedures. Also, other public entities in addition to law enforcement will be forbidden from cooperating with litigation.

And if someone from another state is being charged with a crime involving one of these protected activities then Vermont courts would be prohibited from issuing a summons for their arrest.

Act 15 (public financing)

Act 15 also passed in 2023. The act “adds definitions to statute for the terms ‘gender-affirming health care services,’ ‘legally protected health care activity,’ and ‘reproductive health care services,’” according to its summary.

Renee McGuinness from the Vermont Family Alliance told VDC in an email that the act has resulted in new bills this legislative session that haven’t gained traction yet but could be taken up in the future.

“If we don’t change up the make-up of the legislature this next session, I anticipate S. 63 and/or H. 369 might be taken up in 2025,” she wrote.

S. 63 and H. 369 (health insurance coverage)

S. 63 would “require health insurance plans and Vermont Medicaid to provide coverage for fertility-related services.” In addition, it would require the Agency of Human Services to ask for federal approval of an amendment to Vermont’s Medicaid state plan to also allow for Medicaid coverage of abortions. Language in H. 369 indicates it is the House version of this bill.

Dubious medical claims

McGuinness testified in 2023 regarding Act 14 that these operations do not reduce suicides as proponents claim.

“Proponents believe they are shielding ‘best practice’ care, improving mental health, and reducing suicidality,” she wrote. “The Trevor Project is the only ‘evidence-based’ resource provided under H.89 witness testimony, which is a survey, not a study. There are no evidence-based studies on the Trevor Project website that conclude gender-affirming care saves lives and improves mental health.”

Planned Parenthood supports

Testimony from Audrey Weaver of Planned Parenthood Generation Action also testified in 2023 on Act 14 to the Judiciary Committee on Aril 7. She wrote that this bill will help protect students seeking abortions from other states.

“What H.89 looks like in application for students like us, is that if a UVM student from, say Texas had to seek an abortion while at college in Vermont and their parents or acquaintances in Texas find out and seek to prosecute them or their Vermont provider for this action based on Texas’ strict law, H.89 would protect both the patient and the Vermont provider from having to involve themselves in the Texas investigation,” she wrote.

Enabling child abuse?

Annie Wilson, a retired teacher from Cornwall, submitted testimony in 2023 to the Senate Judiciary Committee on March 29 also regarding Act 14.

One of her concerns dealt with mandatory reporting of child abuse. She wrote, “If I had seen or heard about any child abuse I was mandated to report this to my principal. Under H.89, how would this look? If I witnessed “(a) An adult person, a parent, or a legal guardian…” influencing a minor in gender-affirming services or manipulating minors to participate in activities they did not want to, wouldn’t I be obligated to report them?”

The author is a writer for the Vermont Daily Chronicle