FOR IMMEDIATE RELEASE
Contact: Caroline Tabler or Patrick McCann (202) 224-2353
March 5, 2025

Cotton, Banks: States Should Fight True Child Abuse, Not Punish Parents for Rejecting Sex Changes for Minors

Washington, D.C. — Senator Tom Cotton (R-Arkansas) and Jim Banks (R-Indiana) today reintroduced legislation to stop state governments from discriminating against parents who oppose “gender transitions” for children. The Guaranteeing Unalienable and Anatomical Rights for Dependents (GUARD) Act would make a state government ineligible for Child Abuse Prevention and Treatment Act (CAPTA) funds if that state discriminates against a parent or guardian in custody disputes for opposing medical treatment, clothing changes, or social changes related to a child’s subjective “gender identity.”

“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,” said Senator Cotton.

"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," said Senator Banks.

This legislation is supported by the American Principles Project, Family Policy Alliance, Concerned Women for America Legislative Action Committee, and Heritage Action.

Full text of the bill may be found here.

The GUARD Act would:

  • Make any state government ineligible for Child Abuse Prevention and Treatment Act (CAPTA) funds if they discriminate in child custody disputes, child services, or cases against a parent or guardian based on their opposition to medical, surgical, pharmacological, psychological treatment, or clothing and social changes related to affirming the subjective claims of so-called “gender identity” expressed by any minor, if such claimed identity is at odds with the minor’s biological sex.
  • Create a private right of action for individuals to sue if they were subject to the prohibited discrimination. If a suit is successful, CAPTA funds granted to the state are required to be returned to the Treasury. 

Background:

  • Left-leaning states such as California, Oregon, and Washington have been removing children from their non-affirming parents’ care for years. This violates the religious freedom, conscience, and medical rights of parents.
  • In the case of Abby Martinez, her daughter was removed from her care. She ultimately committed suicide.

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