Essentially, The proposed “Health Care Access Protection Act” intertwines politics with the Hawaii healthcare system to the extent of legalizing interstate kidnapping. This bill threatens to empower state agencies to remove children from their homes based on controversial and subjective criteria, creating a jurisdictional quagmire that could lead to chaos by shielding the claim of gender-affirming care from all forms of scrutiny.
The “Hawaii Kidnapping Act” was noticed by The Libertarian Party of Hawaii last year, when it was half the length it is today and labeled as HB2079. Our candidate for congress, Aaron Toman gave viewers a detailed breakdown of why HB2079 was problematic. Some of the most concerning wording remains the same:
“In making a determination under this section, a court shall not consider as a factor weighing against the petitioner any taking of the child, or retention of the child after a visit or other temporary relinquishment of physical custody, from the person who has legal custody if there is evidence that the taking or retention of the child was for the purposes of obtaining gender-affirming health care services for the child and the law or policy of the other state limits the ability of a parent to obtain gender-affirming health care services for the child." (Page 52)
To translate the legal jargon into simpler terms: it means as long as the kidnapper “claims” that the purpose of the abduction from the legal guardians was for the purpose of obtaining Gender Adfirming Care, the judge “shall not consider” the act of kidnapping “as a factor weighing against” the kidnapper.
The bill permits state entities to intervene in family decisions which could lead to situations where loving parents are deemed unfit simply because they don’t support gender-affirming ideologies.
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