Decision looms on controversial 'Help Not Harm' Bill as legislative session nears end

CHARLESTON, S.C. (WCIV) — With the state’s legislative session ending next week, there’s pressure coming from both Democrats and Republicans for a decision on the “Help Not Harm Bill."

If passed, it would highly restrict gender-affirming healthcare for minors and adults.

The main pieces of the measure would ban gender transition procedures for minors, prevent adults from using public funds for these types of procedures and require schools to inform parents of their students’ gender identity.

A second reading of the measure passed in the state Senate Tuesday.

READ MORE: "South Carolina Senate takes up ban on gender-affirming care for transgender minors."

The Senate has 30 Republicans, 15 Democrats and one independent. Democrats last week did not force an on-the-record vote when the proposal would have needed two-thirds approval to move to the top of the list of bills to be taken up. After about an hour of debate, the Senate adjourned to likely take up the issue again Thursday, according to The Associated Press.

“So often when bills like this are filed and then passed, they're done in this vacuum of the Statehouse where they don't actually listen to their constituents’ voices,” said Chase Glenn, executive director of Alliance for Full Acceptance (AFFA).

People against the bill are trying to make their voices heard. With only four days left in this year’s session and a vote still looming in the Senate, they say rushing the process is the wrong approach.

“This is an important topic. It really will impact a number of members of our community,” Glenn said. “We think there should be plenty of time for debate and discussion on the floor. There's no reason to push it through quickly.”

On the other side, House lawmakers who support the bill hope senators won’t allow the legislation to lose important factors.

READ MORE: "SC House approves 'Help Not Harm Bill', a potential gender-affirming care ban for minors."

Factors like criminal penalties for doctors who violate it.

“I cannot support a bill that doesn't have teeth to enforce the bill, and I said that on the floor of the House, and when we'd originally debated it. A law is not a law if it's not enforceable with something,” said Representative Jordan Pace, a Republican from Berkeley County.

Rep. Pace said he’s pushing for the bill to protect South Carolina children and their families.

But minors aren’t the only ones impacted. The bill also would prevent people from using Medicaid to cover the costs of gender-affirming care.

READ MORE: "Expert explains gender-affirming care as bill under SC Senate review."

“Any adults that are using public funding or even potentially on the state healthcare plan to seek gender-affirming care, no matter their age, would no longer be able to receive that care,” Glenn explained. “That’s very problematic.”

On Monday, the 4th U.S. Circuit Court of Appeals, which includes South Carolina, ruled that West Virginia's and North Carolina's refusal to cover certain health care for transgender people with government-sponsored insurance is discriminatory. The case is likely heading to the U.S. Supreme Court.

AFFA advocates say restricting this healthcare for transgender adults is one of its biggest concerns.

The proposal must still go through its third reading and a vote. If it passes it'll go to Gov. Henry McMaster for his signature.

This year’s legislative session ends May 9.