No, Minnesota's Trans Refuge Bill Won't "Take Kids From Parents" - But It Was Written To Stop Other States Doing That

Misinformation about Minnesota's new trans refuge bill which passed Friday was rampant, with some claiming it will take kids from their parents. This is not true.

On Friday, Minnesota enacted a comprehensive bill, HF148, shielding the rights of transgender individuals who seek refuge in the state and ensuring their safety. The bill, entitled the "Trans Refuge Bill," protects transgender people residing in or receiving healthcare in Minnesota from having their records subpoenaed or warrants issued for alleged "crimes" linked to their medical care. Minnesota now joins nine other states with similar laws protecting trans refugees.

One aspect of the law grants the state increased authority and jurisdiction in child custody cases involving gender-affirming care and the potential discontinuation of such care. However, misinformation quickly circulated among conservative social media accounts, falsely claiming that the bill permits the state to remove children from parents who do not affirm their gender. This assertion is a deliberate misinterpretation of what the bill does.

One example of this misinformation was shared “Covid Clarity,” a far right anti-vaxxer account:

This falsehood was also shared across right-wing news sites. Fox News stated that the bill would “strip custody from non-consenting parents.” The Washington Free Beacon ran a headline stating that you “would no longer have access to your child.” A live interview on Fox & Friends led in with “the bill could strip custody from parents.” Several social media accounts took it even further and stated that the trans youth from non-affirming parents would become “wards of the state” under the bill.

Though the bills protections are far-ranging, these statements are extreme mischaracterizations of what the bill does. The legislation primarily accomplishes two objectives: First, it safeguards transgender individuals fleeing states such as Texas, Tennessee, and Florida — where enforcement of anti-trans laws beyond state borders has been demonstrated — by preventing these states from executing warrants within Minnesota. Second, and more significantly in relation to child custody, the bill grants Minnesota jurisdiction over custody disputes in cases where one parent seeks to relocate a transgender child to a state that would prohibit their medication, or when a parent intends to move the child for the purpose of detransitioning them.

See the particular provision here:

Section of the Trans Refuge Act that applies to child custody

It is important to note that these provisions amend 518D, also known as the Uniform Child Custody Jurisdiction and Enforcement Act, which relates to child custody disputes between parents or guardians across state lines. The UCCJEA is a uniform act adopted between states to deal with custody disputes between parents across state lines. These provisions are not intended to allow the state to take possession of trans kids from parents who are residents of the state who do not affirm their gender. Rather, all the provisions do is allow a judge in the state to have jurisdiction over a custody dispute between parents when one parent is affirming their trans kid and the other is not and the custody battle stretches over state lines.

One major reason that this is necessary is that with 13 states banning gender affirming care, non-affirming parents in custody disputes may attempt to take their kids to states that would allow them to do so with no recourse for the other parent. Already, we have seen state laws proposed and advanced in places like Florida that would allow a non-custodial parent to essentially kidnap their trans kid from a custodial parent in another state. The Minnesota law would make it so that a judge could intervene if such an action took place. Ultimately, the bill has nothing to do with “taking kids from parents in the state who don’t affirm their genders.” Rather, all it does is allow a judge to hear a case between parents of trans kids who reside in different states.

Misinformation about the taking trans kids from non-affirming parents seems to be increasingly common, even though there are no laws proposed or passed in the United States that would do that. Transgender youth need protections more than ever in a country where so many states target every aspect of their lives. Because we know that gender affirming care can save the lives of trans youth, it is important that affirming parents at least get a fair shot in court. The Minnesota Trans Refuge Bill will allow that to happen.