WisconsinInjured minors could sue providers over transition procedures
Under the failed measure, injured minors could sue providers over gender transition procedures, and providers could raise a defense by meeting listed steps.
What it does
A minor injured by a gender transition procedure or related treatment could sue the provider. The minor, a parent, guardian, or legal representative may seek damages or a court order.
A provider could use a defense if, before the procedure, the provider documented the minor’s stated gender for two years, received required written certifications when there was a mental health concern, and obtained consent from the minor and a parent or guardian.
The text says its provisions first apply to procedures performed on the act’s effective date.
Argument forMinors injured by a procedure could seek damages or a court order, with time to bring a case until age 33.
Argument againstProviders could face lawsuits even when they followed the listed steps, since those steps offer a defense rather than a guarantee against a claim.
More detail
A minor who is injured by a gender transition procedure or related treatment may sue the provider for listed forms of relief. It applies when a health care provider performs a gender transition procedure on someone under 18, and the person suffers physical, psychological, emotional, or physiological injury from the procedure, related treatment, or their aftereffects. A parent, legal guardian, or legal representative may bring the action for the minor. Relief may include court orders and compensatory or punitive damages; a prevailing party may recover reasonable attorney fees and costs. The case must begin before the minor turns 33, or before the date they would have turned 33 if they die sooner.
A provider may use the listed steps as a defense in a lawsuit. The defense concerns a provider sued for performing a gender transition procedure on a minor. The provider must have documented for at least two continuous years that the minor’s perceived gender or sex was invariably inconsistent with the minor’s biological sex. If the minor has a mental health concern, at least two providers, including one mental health professional, must certify in writing that the procedure is the only way to treat it. The provider must receive the voluntary and informed consent of the minor and a parent or legal guardian. All listed steps must happen before the provider performs the procedure.
The text sets when its provisions first apply to procedures. The rule first applies to gender transition procedures performed on the act’s effective date. The effective date is not given in the cited passage.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 13Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82Latest
- May 12Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)
- Mar 31Report vetoed by the Governor Tony Evers on 3-31-2026Major
- Mar 26Presented to the Governor on 3-26-2026To Governor
- Feb 20Report correctly enrolledMinor
- Feb 13Received from Assembly concurred inMinor
- Feb 12Ordered immediately messaged
- Vote recorded CONCURRENCE. Result: pass.Lower
- Feb 12Read a third time and concurred in, Ayes 53, Noes 45Passed House
- Feb 12Rules suspended
- Feb 12Ordered to a third readingMinor
- Feb 12Read a second timeMinor
- Feb 12Rules suspended to withdraw from Senate message and take up
- Feb 12Read
- Feb 12Received from SenateMinor
- Feb 11Ordered immediately messaged
- Feb 11Read a third time and passedPassed Senate
- Feb 11Rules suspended to give bill its third reading
- Feb 11Ordered to a third readingMinor
- Feb 11Senate Amendment 1 adoptedMajor
- Feb 11Read a second timeMinor
- Feb 9Placed on calendar 2-11-2026 pursuant to Senate Rule 18(1)
- 2025
- Dec 12Available for scheduling
- Vote recorded Report adoption of Senate Amendment 1 recommended by Committee on Health, Ayes 3, Noes 2. Result: pass.Upper
- Vote recorded Report passage as amended recommended by Committee on Health, Ayes 3, Noes 2. Result: pass.Upper
- Dec 12Report passage as amended recommended by Committee on Health, Ayes 3, Noes 2Minor
- Dec 12Report adoption of Senate Amendment 1 recommended by Committee on Health, Ayes 3, Noes 2Major
- Dec 12Executive action taken
- Dec 10Senate Amendment 1 offered by Senator HuttonMinor
- Nov 5Public hearing held
- Aug 28Read first time and referred to Committee on HealthMinor
- Aug 28Introduced by Senators Hutton, Kapenga, Bradley and Nass; cosponsored by Representatives Nedweski, Steffen, Maxey, Brill, Green, Gustafson, O'Connor, Kreibich, Piwowarczyk, Penterman, Mursau, Allen, Dittrich, Knodl, Murphy, Wichgers and BehnkeIntroduced
- Dec 12Available for scheduling
HealthcareMental Health