Sen. Mark Spreitzer (D-Beloit) said the bills are part of a larger effort to "legislate trans people out of public life.” (Photo by Baylor Spears/Wisconsin Examiner)

The Wisconsin State Senate passed bills that would restrict administrative rulemaking and that would place restrictions on health care for transgender youth. The bills are likely to be vetoed by Gov. Tony Evers.

Bills to restrict transgender youth headed to Evers

Democrats slammed five bills passed by Republicans that would restrict transgender children from receiving gender affirming care, from choosing the names and pronouns used for them in school and from participating on sports teams that align with their gender identity. Republicans said the bills are meant to protect children. Each bill passed 18-15 along party lines.

Sen. Mark Spreitzer (D-Beloit) said the bills are part of a larger effort to “legislate trans people out of public life.” He noted the Legislature’s emphasis on bills related to transgender people and said he felt a responsibility as a gay man to speak against them.

“Why are gay people and transgender people often lumped together politically? Why do we stand with each other? In large part because it is the same stereotypes. It is the same bias… and rigid ideas of male and female that have led to discrimination against gay people,” Spreitzer said.

Spreitzer said that even bringing the bills forward would do harm to transgender youth.

“It does harm to the mental health of our youth,” Spreitzer said. A 2024 survey by The Trevor Project found that 91% of LGBTQ+ young people in Wisconsin reported that recent politics negatively impacted their well-being. “What do they mean by recent politics? They mean bills like these as well as similar things coming down from the Trump administration.”

He added that he asked lawmakers to stop moving the bills forward during the committee process. “Yet forward they move, despite the Republican majority knowing full well that Gov. Evers will veto all five of these bills. They will not become law this session.”

Evers has vetoed similar bills several times over his seven years in office. Each time, he has promised to veto “any bill that makes Wisconsin a less safe, less inclusive, and less welcoming place for LGBTQ people and kids.”

Spreitzer said Senate and Assembly Democrats would sustain those vetoes if necessary.

One bill passed by the Senate is SB 405, which would create a civil cause of action against health care providers who perform gender transition procedures on someone under the age of 18 if they claim to be injured.

Spreitzer said SB 405 is a “blatant effort to threaten health care professionals with privileged litigation in the hopes that it will create a chilling effect and that they will stop providing gender affirming care.”

Sen. Melissa Ratcliff (D-Cottage Grove) made personal pleas, speaking to her own experience as the mother of a transgender child during the floor session. She said it would make life harder for transgender children and their families.

“It’s not about protecting children, it’s about controlling them,” Ratcliff said, adding that decisions about gender affirming care are deeply private and should only be made by families and doctors.

“Why are we not helping families instead of burdening them? Why are we attacking children instead of protecting them? Why are we prioritizing culture wars over real problems?” Ratcliff said. “It’s really pretty obvious you want to use kids as pawns in a cynical political crusade. It’s not your kids that you’re using. It’s my kid and other people’s kids being used as pawns. It’s really shameful.”

“Stop bullying trans kids, and stop bullying their families,” Ratcliff said. 

The Senate also concurred in AB 100 and AB 102, which would prohibit transgender students from being able to participate on sports teams that align with their gender identity at Wisconsin K-12 public and choice schools, University of Wisconsin campuses and technical colleges.

Sen. Rob Hutton (R-Brookfield), the lead author of the sports and the civil action bills, said he has met with the “transgender community” while working on the legislation and added that it “doesn’t matter who that is, doesn’t matter what their name is, but all that matters is I’ve been able to reach out.”

Hutton said his bills would help “protect fairness, safety and privacy” in girls’ and women’s sports. He said SB 405 would ensure that there is the “same level of support for those who realize now that the issue that they’re physically dealing with and mentally dealing with, that they were wronged and they believe there should be some accountability to the health care professional.”

The Senate also concurred in AB 103, which would require that school districts adopt policies to inform and get permission from parents before a student would be allowed to use names and pronouns that differ from their legal ones, and AB 104, which would prohibit health care professionals from providing medical gender affirming care for those under 18.

Ratcliff said the bills are part of a political strategy for Republican lawmakers.

“Last year, you weaponized trans kids for campaign points and you’re doing it again,” Ratcliff said. “In both cases, the cost is the same. Real children are being harmed. It didn’t work last year and it’s not going to work this year.”

Wisconsin has a slate of elections coming up this year including a state Supreme Court race in April as well as an open governor’s race and state legislative races that will determine control of the Senate and Assembly.

The only Republican gubernatorial candidate, U.S. Rep. Tom Tiffany, kicked off his campaign by playing up culture war issues including promising to keep transgender girls off of girls’ sports teams. He has also recently released a campaign statement calling on the New Richmond School District to reverse its current policy and bar transgender girls from being able to use the bathroom that aligns with their gender identity.

Sen. Cory Tomczyk (R-Mosinee) accused Democratic lawmakers of  engaging in “political theater” and said anyone who allowed a minor to “make irreversible decisions is a catastrophic failure of parenting and society in general.”

All of the bills except SB 405 will now go to Evers for consideration.

GOP seeks to restrict administrative rules

Republican lawmakers introduced bills — packaged together as the “red tape reset” and supported by the conservative legal group Wisconsin Institute for Law and Liberty (WILL) in May. The bills would increase legislative control over decisions made by executive agencies. Republicans have increased their efforts to limit and restrict agency rulemaking powers in the aftermath of state Supreme Court rulings that limited their ability to block rules.

SB 275 would limit scope statements, which are the first step in the rulemaking process, so they could only be used for one proposed rule. 

SB 276 would allow those who have challenged the validity of administrative rule to receive attorney fees and costs if a court declares a rule invalid. 

SB 277 would have all administrative rules sunset after seven years unless a rule is adopted again through an agency process.

SB 289 would require agencies to make cuts to offset the cost associated with new regulations.

Each bill passed 18-15 along party-lines. They will now go to the Assembly for consideration.

Democratic lawmakers did not speak on the bills during the floor session.

Megan Novak, the Americans For Prosperity Wisconsin state director, said in a statement that Wisconsin has been overregulated and that has restricted its economic growth.

“Between our excessive regulations and the misguided decision by our partisan Supreme Court that removed a necessary legislative check on the governor in the rulemaking process, Wisconsin businesses and families deserve regulatory relief,” Novak said. “These bills are a welcome step to get Wisconsin back on the right track.”

Grooming bill heads to Evers

The Senate concurred in a bill that would make “grooming” a felony crime in Wisconsin. 

The bill was introduced after a report from the CapTimes that found there were over 200 investigations into teacher licenses stemming from allegations of sexual misconduct or grooming from 2018 to 2023, though authors of the proposal say they have been working on the legislation for longer.

Sen. Jesse James (R-Thorp) told reporters ahead of the floor session that the bill would protect “our vulnerable population from supposed trusted adults who would do our kids harm.”

“I can’t bear to think of the many dangers my grandkids will face, however, with this bill, I can sleep just a little bit better,” James said, adding that the bill would act as a deterrent to tell people that “our kids are not targets.”

The bill would define grooming as “a course of conduct, pattern of behavior, or series of acts with the intention to condition, seduce, solicit, lure, or entice a child for the purpose of producing, distributing or possessing depictions of the child engaged in sexually explicit conduct.”

Under the bill, a person convicted of a grooming charge would be guilty of a Class G felony. The charge would increase to a Class F felony if the person is in a position of trust or authority, and to a Class E felony if the child has a disability and to a Class D felony if the violation involves two or more children. A convicted person would need to register as a sex offender.

The bill, which passed the Assembly 93-6 last month, will now go to Evers for consideration. 

Another bill that was introduced following the CapTimes report passed on a voice vote. SB 785 would require the Department of Public Instruction (DPI) to maintain an online licensing portal that is searchable by the public at no cost. The portal would need to include information on license holders under investigation and the name of individuals who have had their licenses revoked.

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