Fact-Check: JD Vance misrepresents Minnesota law on kids seeking gender-affirming care

Maria Ramirez Uribe, Politifact
Maria Ramirez Uribe
Maria Ramirez Uribe is an immigration reporter at PolitiFact. Previously she served as a Report for America corps member, working as a race and equity reporter...
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Claim: Minnesota Gov. Tim Walz signed a law that would “take children away from their parents if the parents don’t want to consent to sex changes.”

Sen. J.D. Vance, R-Ohio, criticized his vice presidential campaign opponent, Gov. Tim Walz, D-Minn., about signing a law that seeks to protect parents who bring their children to Minnesota for gender-affirming care.

“I think it’s pretty weird to try to take children away from their parents if the parents don’t want to consent to sex changes,” Vance said Aug. 7 at a campaign event in Eau Claire, Wisconsin. “That’s something that Tim Walz did.”

Other conservatives made similar claims. Fox News host Jesse Watters said the law Walz supported “removes a child from their parents’ home if the parents don’t want to castrate them.” Political commentator Megyn Kelly wrote on X:

Added by Zany Editor

Walz has taken action to support access to gender-affirming care in Minnesota. But Vance’s claim mischaracterizes the reach of the Walz-approved law on parental custody.

When PolitiFact contacted Vance’s team for comment, spokesperson Luke Schroeder said, “The letter of this law is clear: a parent who dissents from their child receiving so-called ‘gender-affirming care’ can lose custody.”

The amended law does not do that, the bill’s sponsor and legal experts said. Before it was passed, it was nicknamed the “Trans Refuge Bill.” It establishes which state court has jurisdiction over multi-state child custody disputes that involve gender-affirming care. 

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Maria Ramirez Uribe is an immigration reporter at PolitiFact. Previously she served as a Report for America corps member, working as a race and equity reporter in Charlotte, North Carolina, for WFAE, an NPR member station, and La Noticia, the state’s biggest Spanish-language paper. Before this, Maria worked as a freelance researcher for CNN’s international desk. She graduated from North Carolina’s Elon University with a double major in journalism and strategic communications and a double minor in international relations and peace and conflict studies.