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Makes a State ineligible for Child Abuse Prevention and Treatment Act (CAPTA) grant money if the State takes adverse actions or discriminates against a parent, guardian, or legal representative for opposing any medical, surgical, pharmacological, psychological, or social steps to transition or affirm a minor’s gender identity, based on the parent’s judgment of the child’s biological sex at or before birth. It also gives any affected parent, guardian, or legal representative a private right of action to sue the Department of Health and Human Services to stop or reverse a grant award and require returned funds to the Treasury.
States may not receive funding under the Child Abuse Prevention and Treatment Act if the State takes any adverse action or otherwise discriminates against parents, guardians, or legal representatives who oppose medical, surgical, pharmacological, psychological treatment, other medical interventions, or social measures (including clothing, name, or pronoun use) related to transitioning or affirming a minor’s gender identity when that gender identity, in the parent/guardian/legal representative’s view, is inconsistent with the minor’s biological sex as determined at or before birth — regardless of any medical diagnosis such as gender dysphoria, body dysphoria, dissociative identity disorder, or social anxiety disorder.
A parent, guardian, or legal representative who experienced an adverse action or discrimination described above by a State that receives funding under the Act may bring an action in an appropriate Federal district court or State court against the Department of Health and Human Services. The action may seek to (1) enjoin the Secretary from continuing the award to that State and (2) require that any funds awarded in violation of the provision be returned to the Treasury.
Primary effects: Parents or legal guardians who object to a minor’s gender-transition or gender-affirming steps gain explicit federal backing to challenge state actions that penalize them for that opposition; they can sue HHS to block or unwind grant awards to States. States that receive CAPTA funds must review and likely change policies, training, or procedures in child welfare, education, or health interactions to avoid the specified adverse actions or discriminatory conduct toward objecting parents. HHS faces a new type of litigation risk and potential operational burden from court orders and claims demanding return of federal grant money. Minors seeking gender-affirming care or social supports may experience shifts in access depending on how States respond—either by limiting certain state actions to preserve funding or by changing how parental objections are handled. Child welfare agencies, schools, and health providers could face uncertainty and compliance costs as they adapt policies; individual cases may generate legal challenges about what counts as discrimination or an "adverse action." The measure increases the role of courts and private plaintiffs in enforcing grant-eligibility conditions rather than relying solely on agency supervision.
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced March 5, 2025 by James E. Banks · Last progress March 5, 2025
GUARD Act
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate