The Monday hearing was for Senate Bill 199, dubbed the Protecting Minors From Medical Malpractice Act of 2023, which would give people who underwent damaging hormone treatment and sex change surgeries as minors the ability to file a malpractice lawsuit for up to 30 years after they turn 18. Currently, Arkansas allows for such lawsuits only within two years of whatever "injury" the individual may have sustained.
"The idea that teenagers, let alone little children, are capable of making such life-altering decisions is not only brand new, but it's absurd," said bill sponsor Republican Sen. Gary Stubblefield, according to the Daily Mail. "A society that allows them to do this is a deeply broken society."
Herzig, a Little Rock pharmacy owner who identifies as transgender, was highly offended when state Sen. Matt McKee asked about Herzig's genitals. Herzig's LinkedIn displays a focus on "LGBTQ+ care with an emphasis in transgender medicine."
"You said that you're a trans woman?" McKee asked. "Do you have a penis?"
In video footage from that moment, the audience can be heard gasping and jeering him.
"That's horrible," Herzig said after a few moments.
"You're the one that brought that into the discussion," the senator fired back.
"I don't know what my rights are," Herzig responded, noting that "that question was highly inappropriate."
The transgender pharmacy owner went on to say "I'm a healthcare professional — a doctor — please treat me as such."
According to Herzig, "bills like SB199 are designed to hinder, not help, Arkansans."
Among the individuals who have become infuriated at Sen. McKee's comment was Alejandra Caraballo, a left-wing transgender activist who previously demanded app stores to ban Twitter due to its "existentially dangerous" nature under Elon Musk's ownership and called for violent action against pro-life US Supreme Court justices.
"Absolutely sickening. Arkansas State senator Matt McKee asked a trans person at a legislative hearing 'do you have a penis?' Does this State Senator have any basic human decency?" Caraballo wrote.
The Democratic Party of Arkansas also condemned McKee's question, as well as a statement from another senator who recounted an interaction with a ten-year-old girl who said she had seen transgender content being pushed on TikTok.
"Republicans are not hiding their transphobia," they wrote, adding that SB 199 is a hindrance to "life-saving care."
Detransitioner Oli London saw no issue with the line of questioning, writing "A simple question which requires a simple answer. Why? Because it shows this biological male doctor who is trans clearly has a biased view/motive to transition teens."
This new bill comes after the Save Adolescents From Experimentation (SAFE) Act, first introduced in Arkansas in 2021 to ban sex change medical procedures for minors.
The SAFE Act would have made Arkansas the first state to make medicalized transitions for minors illegal when it was to take effect on July 28, 2021, but it was blocked on July 21 by federal judge James Moody pending a lawsuit filed by the American Civil Liberties Union (ACLU), reported Time.
In November 2022, the 8th US Circuit Court of Appeals decided against the law, reported Reuters.
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