Hearings probe gender care, police interrogation of young people

Should Nebraskans under 19 be able to get surgery and medicine for gender transitioning? And should police be prohibited from deceiving juveniles when they question them? Those questions were the subject of public hearings in the Nebraska Legislature Wednesday.

Sen. Kathleen Kauth introduced LB574, which would prohibit health care practitioners from providing gender transitioning surgery or medical treatment for Nebraskans younger than 19.

Kauth said she wants to give children with gender dysphoria a chance to grow up.

“The vast majority -- more than 85% -- of kids with gender dysphoria will desist if left alone in a process called watchful waiting. These children need therapy to deal with the coexisting mental and emotional struggles they are experiencing, not irreversible, harmful, experimental medical procedures,” Kauth said.

At a rally for opponents of the bill before the hearing, Sen. Megan Hunt predicted dire consequences if it passes.

“Sen. Kauth’s bill will lead to higher rates of abuse, harassment, and ultimately suicides of trans children. Sen. Kauth is attempting to completely erase trans children from the public square and trans kids will die because of it. Those are the stakes here,” Hunt said.

But Kauth said youth that have undergone surgery actually have an increased risk of suicide, and accused medical professionals of encouraging unsafe treatments in pursuit of profit.

Another speaker at the opponent’s rally, Dr. Elizabeth Constance, said gender-affirming care has been endorsed by organizations including the American Medical Association, the American Academy of Pediatrics, and the American Psychological Association.

Testifying in support of the bill, Luka Hein faulted the medical establishment for how it treated her gender dysphoria. Hein said her first medical treatment was a double mastectomy at age 16.

“As a result of this so-called gender-affirming care, if you could even call it care, at (age) 21 I deal with constant joint pain. My breasts are gone, and I do not know if I will ever be able to carry a child someday. I will deal with these consequences for possibly the rest of my life, never knowing if they'll go away, and feeling abandoned by the medical professionals who did this to me,” Hein said.

At the opponents’ rally, Mike Hornacek, chief executive officer of a nonprofit that tries to combat homelessness, said the bill would cause young people to feel unwelcome in Nebraska and drive families, including his, out of the state.

“My wife and I are also parents of a transgender youth and have invested significant resources in research and education to ensure we were supporting our child in the appropriate way. We have engaged with multiple physicians, psychologists and psychiatrists over the past decade and more to ensure we were headed in the right direction supporting our child. This bill represents an extreme intrusion into my family's life in my child's life,” Hornacek said.

The bill has 23 cosponsors, nearly half the 49-member Legislature. Sen. Hunt has already filed a motion to kill it that would be taken up if the Health and Human Services Committee advances the bill to the full Legislature.

Also Wednesday, the Judiciary Committee heard testimony on a proposal to ban police from deceiving juveniles under age 18 during questioning. Sen. John Cavanaugh explained the purpose of his bill.

“Fundamentally the question comes down to this: Is it okay for cops to lie to kids? I am of the belief that no, it is not okay,” Cavanaugh said.

Jennifer Craven, a law student and former teacher, supported the proposal. She gave examples of how deception is used.

“Common tactics include claiming to have physical evidence when no such evidence actually exists, claiming that there is enough evidence to convict the suspect without a confession, and implying that the prosecution might be more lenient,” Craven said.

And she explained how that can backfire.

“If the suspect confesses, it's easy to assume that this deception would only work if the suspect was actually guilty. But unfortunately, there are cases that prove otherwise. There are many examples where these deceptive interrogation tactics lead to false confessions and wrongful convictions,” she said.

Craven said young people are particularly susceptible to deception because their brains aren’t completely mature yet.

But Matt Barrall of the Fraternal Order of Police opposed the bill. He said deception is a technique that should be used sparingly, but is sometimes necessary. He gave an example of when he has used it on a 17-year-old who had been accused of sexual assault.

“I have said that ‘We have DNA evidence that would lead to your arrest,’ and said, ‘Will your DNA evidence be there that we have collected?’ And I didn't know if we had collected it. And that gave a confession that ‘Yes, we actually did engage in sexual intercourse and it was against her will,’” Barrall said.

Sen. Rick Holdcroft asked Cavanaugh about court rulings on using deception.

“Hasn't the Supreme Court ruled on something similar to this?” he asked.

“In any capacity they've ruled that it's acceptable under the Constitution,” Cavanaugh replied.

“So the Supreme Court said it's okay to use deception during interrogation?” Holdcroft continued?

“Yes, and that's why I'm bringing a law to say that you shouldn't do it,” Cavanaugh said.

The proposal may be considered as part of a larger juvenile justice proposal the committee is expected to endorse.