Intersex Legislation and Regulation
Guided by the needs of intersex children and youth, our Law and Policy team advises local, state, and federal agencies on how best to protect the rights of children born with intersex traits. Drafting policy documents, assisting in implementation of intersex-inclusive programs, and providing comment on legislation that impacts the realities of intersex young people—these are just some ways interACT works to improve the lives of intersex youth across the country.
Read about interACT’s work on various policies below.
National Intersex Laws and Policies
2016: Intersex Discrimination in Healthcare
In 2016, as a result of comments submitted by interACT, the US Department of Health and Human Services added language to the final rule implementing the Affordable Care Act’s prohibition on sex discrimination in federally funded health programs clarifying that discrimination on the basis of intersex traits is discrimination on the basis of sex. This is the first time the federal government has specifically acknowledged that legal protections apply to intersex people, too.
interACT submitted comments to the Department of Health and Human Services against a new proposed regulation that would allow religious discrimination in healthcare settings that could impact intersex individuals’ ability to receive care.
State Level Intersex Laws and Policies
2021-2022: Rhode Island’s HB 6171
In January 2021, HB 6171 was introduced in Rhode Island. HB 6171—or the Protection of Youth with Variations in Physical Sex Characteristics Act—aims to prohibit genital surgeries on intersex children until they are at least twelve years of age and can participate in the decision. This bill aims to ensure that life-altering choices are not being made without the consent of those involved.
On April 13th, 2021 the Committee recommended that HB 6171 be held for further study and, as such, the bill is currently postponed.
Read about HB 6171:
- Bill text: