PIERRE — Legislation was defeated to codify a parent's right to deny medical treatment for their child if it encourages the child's belief that their gender identity differs from their biological sex.

Supporters argued that parents know what is in their child's best interest because they know their children best. But opponents countered with the argument that parents already have the right to decline medical treatment for their child, and the bill is intended to discriminate against transgender children.

The House Health and Human Services Committee passed in a 10-3 vote to defer the bill to the 41st day, effectively killing it, after a motion to pass the bill failed in a 5-8 vote.

Rep. Erin Healy, D-Sioux Falls, introduced the 41st day motion because the state already has laws in place allowing parents regarding the medical care of their children.

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The bill prevents the state from taking any adverse action against a parent for denying that medical treatment, explained bill sponsor Sen. Phil Jensen, R-Rapid City.

"This bill seeks to put in proper perspective the role of parents in the care and nurture of their children," Jensen said.

The bill would discriminate against the child and shield parents from any consequences if they prevent their child from receiving "lifesaving, medically necessary" care, said Roger Tellinghuisen, a Rapid City lobbyist for the Human Rights Campaign. The transition is different for every transgender child and evidence-based treatment for gender dysphoria can include counseling and hormone treatments and surgical intervention. The treatment is often considered to be "lifesaving" for the person, Tellinghuisen said.

Jensen responded that he didn't know his bill would be "a tempest in a teapot." In response to a statistic of transgender people who die by suicide, Jensen said they need counseling instead of programs that "encourage the confusion and the gender dysphoria."

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Some comments on Thursday morning were generally targeted at handful of bills regarding transgender youth this session. In addition to Tellinghuisen telling the committee that the bills are targeting "the most vulnerable children" in the state, Healy was struggling with the bill before the committee and had to stop to compose her thoughts while she was speaking.

"The reason why suicide is so prevalent among younger children is because of legislation like this," Healy said. "When we introduce harmful legislation like this, we are harming our trans kids, and we need to be helping them."

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