WASHINGTON, D.C. – Today, Senator Jim Banks (R-Ind.) and Senator Tom Cotton (R-Ark.) reintroduced the GUARD Act. The bill would amend the Child Abuse Prevention and Treatment Act (CAPTA) to deny funding to any state that discriminates against parents or guardians who oppose medical, psychological, or social transition interventions for minors whose gender identity differs from their biological sex. Rep. Harriet Hageman (R-Wyo.) is introducing the companion bill in the House.
Senator Jim Banks (R-Ind.):“The government has no business punishing parents for protecting their kids from radical gender ideology. My bill ensures that states respecting parental rights aren’t strong-armed into embracing dangerous social experiments.”
Senator Tom Cotton (R-Ark.): “If you don’t let your kid ‘transition’ to the opposite sex, certain state governments will help remove them from your custody. It sounds like dystopian science fiction, but it’s happening in the United States of America. Our bill would take funding away from states that abuse their power by taking away parents’ rights simply for opposing radical gender experiments,”
Rep. Harriet Hageman (R-Wyo.): “Today, I joined Senator Banks in introducing the bicameral GUARD Act. Our legislation withholds federal CAPTA funding if states discriminate against families who refuse to impose harmful, institution-driven gender confusion on their children. We’re not going to stand idly by while parents are ignored and admonished for protecting their children. This bill defends parental rights and keeps child protective services focused on their true mission.”
Senator Josh Hawley (R-Mo.) is an original cosponsor.
Supporting Organizations:
American Principles Project, Family Policy Alliance, Concerned Women for America Legislative Action Committee, Heritage Action
Key Provisions of the GUARD Act:
- Federal Funding Restriction: States that penalize parents for opposing gender transition interventions for minors will lose federal funding under the Child Abuse Prevention and Treatment Act (CAPTA).
- Parental Rights Protection: The bill protects parents’ rights to reject treatments, pronoun or name changes, clothing changes, or other social transitions for minors whose gender identity differs from their biological sex.
- Legal Recourse: Parents, guardians, or legal representatives who face discrimination under these circumstances can sue the Department of Health and Human Services to block funding to the state and require the return of improperly awarded funds.
Full bill text here.
Background:
States and courts around the country are requiring parents and guardians to affirm transgender ideology. The GUARD Act would ensure that child protective services across the country adhere to their true mandate of using CAPTA funds to protect children and prevent further discrimination against parents. Senator Banks has been committed to protecting parental rights and first introduced the GUARD Act when he was in the U.S. House of Representatives.
While a member of the House, then-Rep. Banks introduced the Sensible Adoption for Every (SAFE) Home Act which aimed to protect the adoption rights of parents who want to raise kids based on biological sex.
In January, Senators Cotton and Banks also reintroduced the Protecting Minors from Medical Malpractice Act, which would help individuals who suffer from potentially sterilizing gender-transition procedures as minors and to allow them to seek justice in court.
Read more here.