H.R. 1866: Guaranteeing Unalienable and Anatomical Rights for Dependents Act (119th Congress) Bill Summary

This bill, titled the "Guaranteeing Unalienable and Anatomical Rights for Dependents Act" or "GUARD Act," proposes amendments to the Child Abuse Prevention and Treatment Act. Here’s a summary of its key provisions:

Funding Eligibility for States

The bill stipulates that states will be ineligible to receive federal funding under the Child Abuse Prevention and Treatment Act if they take any adverse actions or discriminate against parents, guardians, or legal representatives who oppose certain types of medical or psychological treatments for minors regarding gender identity. This includes:

Medical treatments such as surgeries and pharmacological interventions.
Psychological treatment or interventions.
Changes in clothing, names, or pronoun usage related to affirming a minor's gender identity.

The bill specifies that this applies when the claimed gender identity of a minor does not align with the minor’s biological sex, as determined at birth, according to the assessment of the parent or guardian. It does not factor in any medical diagnoses that might indicate gender dysphoria or related conditions.

Legal Enforcement Mechanism

If a state receives funding in violation of these stipulations, a parent or guardian who believes they have faced discrimination as described in the bill can take legal action. These individuals may file a lawsuit in federal or state court against the Department of Health and Human Services. The lawsuit would seek to:

Stop the Secretary of Health and Human Services from continuing to award funds to that state.
Require that the state return any improperly awarded funds to the U.S. Treasury.

Overall Aim

The overall aim of the bill is to protect the rights of parents and guardians in making decisions related to their children's medical and psychological care in matters of gender identity. It reflects a position that supports parental authority over medical or social transitions for minors, particularly in instances where those transitions contradict what the parents perceive as the child’s biological sex.