Wisconsin 2025 Regular Session Status: To Executive 4 R cosponsors

SB 405 — An Act to create 895.039 of the statutes;

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced August 28, 2025. It awaits signature.

Vetoed by Governor Tony Evers (Democratic) on March 31, 2026.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 21 sponsors

    1 primary, 20 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

This bill creates new statutory provisions under 895.039.

The legislation establishes a new section in the statutes, specifically 895.039. Further details of its specific provisions are not available.

Summary

An Act to create 895.039 of the statutes;

Bill Text

What changed in the latest version

68 added · 218 removed

Plain-language change summary

The proposed changes to Senate Bill 405 now include a definition of "gender transition procedures" and outline specific circumstances under which minors who undergo these procedures may seek legal action. Notably, the amendments clarify when these procedures are appropriate, focusing on cases that involve medically verified conditions associated with sexual development disorders. This distinction is important because it may influence how these procedures are perceived and regulated, ensuring that only those with specific medical needs pursue gender transition procedures. Overall, the changes aim to tighten the criteria for potential legal claims related to minors and gender transitions, impacting how healthcare providers and families navigate these sensitive issues.

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- 2026 LEGISLATURE LRB-2406/1 KRP&JPC:skw SENATE BILL 405 August 28, 2025 - Introduced by SenatorsUTTON, KAPENGA , RADLEY and NASS, cosponsored by RepresentativesEDWESKI , STEFFEN, MAXEY, BRILL, GREEN, GUSTAFSON , O'CONNOR , KREIBICH, P IWOWARCZYK , PENTERMAN , M URSAU, ALLEN, D ITTRIC, K NODL, M URPHY, W ICHGERS and B EHNKE.
Date of enactment:
Referred to Committee on Health.
Senate Bill 405 Date of publication*:
A N A CT to create 895.039 of the statutes;
WISCONSIN ACT A N A CT to create 895.039 of the statutes;
a civil cause of action for a minor injured by a gender transition procedure.
a civil cause of action for a minor injured by a gender tran- sition procedure.
Analysis by the Legislative Reference Bureau This bill establishes a civil cause of action against a health care provider who performs a gender transition procedure, as defined in the bill, on an individual who is under 18 years of age and who is injured, including any physical, psychological, emotional, or physiological injury, by the gender transition procedure or related treatment or the aftereffects of the gender transition procedure or related treatment.
The people of the state of Wisconsin, represented in sen- a.
Under the bill, such an action must be commenced before the individual attains the age of 33 years.
A service provided to an individual born with a ate and assembly, do enact as follows:
The bill provides that it is a defense to an action under the bill if all of the following occur before a health care provider performs a gender transition procedure on an individual who is under 18 years of age:
medically verifiable disorder of sexual development, in- cluding an individual with external biological sex char- SECTION 1.
1.
895.039 of the statutes is created to acteristics that are irresolvably ambiguous, such as an read:
The health care provider documents the individual’s perceived gender or perceived sex for at least two continuous years, and the individual’s perceived gender or perceived sex is invariably inconsistent with the individual’s biological sex throughout the two-year period.
895.039 Performing gender transition proce- individual born with 46,XX chromosomes with viriliza- dures on minors;
2.
To the extent that the individual suffers from a mental health concern, at least one mental health professional and one other health care provider certifies in writing that the gender transition procedure is the only way to treat the mental health concern.
- 2026 Legislature - 2 - LRB-2406/1 KRP&JPC:skw SENATE BILL 405 SECTION 1 3.
At least one mental health professional and one other health care provider certifies in writing that the individual suffers from no other mental health concerns.
4.
The health care provider receives the voluntary and informed consent of the individual and the individual’s parent or legal guardian by providing them, both orally and in writing, with a notice, the contents are which are prescribed in the bill, at least 30 days before the first treatment of the gender transition procedure and during every subsequent medical visit for treatment during the following six months.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
895.039 of the statutes is created to read:
895.039 Performing gender transition procedures on minors;
(1) DEFINITIONS.
(1) D EFINITIONS .
In this section:
In this tion, with 46,XY chromosomes with undervirilization, section:
or having both ovarian and testicular tissue.
“Gender transition procedure” means a medical or surgical service, including a physician’s service, inpatient or outpatient hospital service, or prescribed drug, related to gender transition that seeks to do any of the following:
“Gender transition procedure” means a medi- b.
a.
A service provided to an individual when a physi- cian has diagnosed a sexual development disorder and cal or surgical service, including a physician’s service, inpatient or outpatient hospital service, or prescribed the physician has determined through genetic or bio- drug, related to gender transition that seeks to do any of chemical testing that the individual does not have the the following:
Alter or remove an individual’s physical or anatomical characteristics or features that are typical for the individual’s biological sex.
normal sex chromosome structure, sex steroid hormone a.
Alter or remove an individual’s physical or production, or sex steroid hormone action for a biologi- anatomical characteristics or features that are typical for cal male or biological female.
c.
The treatment of an infection, injury, disease, or the individual’s biological sex.
Instill or create for an individual physiological or anatomical characteristics that resemble a sex different from the individual’s biological sex, including a medical service that provides puberty-blocking drugs, cross-sex hormones, or another mechanism to promote the development of feminizing or masculinizing features in a sex different from the individual’s biological sex, or genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition.
Instill or create for an individual physiological or disorder that is caused or exacerbated by the perfor- anatomical characteristics that resemble a sex different mance of a gender transition procedure, regardless of from the individual’s biological sex, including a medical whether the gender transition procedure was performed service that provides puberty-blocking drugs, cross-sex in accordance with state or federal law.
- 2026 Legislature - 3 - LRB-2406/1 KRP&JPC:skw SENATE BILL 405 SECTION 1 2.
hormones, or another mechanism to promote the devel- d.
A procedure undertaken because an individual opment of feminizing or masculinizing features in a sex suffers from a physical disorder, physical injury, or phys- different from the individual’s biological sex, or genital ical illness that would, as certified by a physician, place or nongenital gender reassignment surgery performed the individual in imminent danger of death or impair- for the purpose of assisting an individual with a gender ment of major bodily function unless surgery is transition.
performed.
2.
1., “gender transition procedure” does not include any of the following:
1., “gender transition pro- (b) “Health care provider” has the meaning given in cedure” does not include any of the following:
a.
s.
A service provided to an individual born with a medically verifiable disorder of sexual development, including an individual with external biological sex characteristics that are irresolvably ambiguous, such as an individual born with 46,XX chromosomes with virilization,with 46,XY chromosomes with undervirilization, or having both ovarian and testicular tissue.
b.
A service provided to an individual when a physician has diagnosed a sexual development disorder and the physician has determined through genetic or biochemical testing that the individual does not have the normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a biological male or biological female.
c.
The treatment of an infection, injury, disease, or disorder that is caused or exacerbated by the performance of a gender transition procedure, regardless of whether the gender transition procedure was performed in accordance with state or federal law.
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d.
A procedure undertaken because an individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed.
(b) “Health care provider” has the meaning given in s.
(c) “Mental health professional” means any of the following:
ernor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act - 2 - 2025 Senate Bill 405 (c) “Mental health professional” means any of the (3) L IMITATION OF ACTIONS .
- 2026 Legislature - 4 - LRB-2406/1 KRP&JPC:skw SENATE BILL 405 SECTION 1 1.
An action under this following:
section shall be commenced before the minor has at- 1.
448 who specializes in psychiatry.
448 tained the age of 33 years or, if the minor dies before at- who specializes in psychiatry.
2.
taining the age of 33 years, the date on which the minor 2.
would have attained the age of 33 years.
4.
(4) S AFE HARBOR .
A marriage and family therapist licensed under ch.
It is a defense to an action 4.
A marriage and family therapist licensed under brought under this section if, before a health care ch.
5.
provider performs a gender transition procedure on a 5.
minor, all of the following occur:
(d) “Minor” means an individual who is under 18 years of age.
(a) The health care provider documents the minor’s (d) “Minor” means an individual who is under 18 perceived gender or perceived sex for at least 2 continu- years of age.
(2) CIVIL CAUSES OF ACTION.
(2) CIVIL CAUSES OF ACTION .
A health care provider who performs a gender transition procedure on a minor is liable to the minor if the minor is injured, including any physical, psychological, emotional, or physiological injury, by the gender transition procedure or related treatment or the aftereffects of the gender transition procedure or related treatment.
A health care ous years, and the minor’s perceived gender or perceived sex is invariably inconsistent with the minor’s biological provider who performs a gender transition procedure on sex throughout the 2-year period.
The minor, or the minor’s parent, legal guardian, or legal representative, may bring a civil action against the health care provider for any of the following damages:
a minor is liable to the minor if the minor is injured, in- (b) To the extent that the minor suffers from a men- cluding any physical, psychological, emotional, or phys- iological injury, by the gender transition procedure or tal health concern, at least 2 health care providers, in- related treatment or the aftereffects of the gender transi- cluding at least one mental health professional, certifies in writing that the gender transition procedure is the tion procedure or related treatment.
(a) Declaratory or injunctive relief.
The minor, or the only way to treat the mental health concern.
(b) Compensatory damages.
minor’s parent, legal guardian, or legal representative, may bring a civil action against the health care provider (c) The health care provider receives the voluntary for any of the following damages:
(c) Punitive damages.
and informed consent of the minor and the minor’s par- (a) Declaratory or injunctive relief.
(d) If the prevailing party, reasonable attorney fees and costs.
ent or legal guardian.
(3) LIMITATION OF ACTIONS.
An action under this section shall be commenced before the minor has attained the age of 33 years or, if the minor dies before attaining the age of 33 years, the date on which the minor would have attained the age of 33 years.
(4) SAFE HARBOR .
(a) It is a defense to an action brought under this section if, - 2026 Legislature - 5 - LRB-2406/1 KRP&JPC:skw SENATE BILL 405 SECTION 1 before a health care provider performs a gender transition procedure on a minor, all of the following occur:
1.
The health care provider documents the minor’s perceived gender or perceived sex for at least 2 continuous years, and the minor’s perceived gender or perceived sex is invariably inconsistent with the minor’s biological sex throughout the 2-year period.
2.
To the extent that the minor suffers from a mental health concern, at least 2 health care providers, including at least one mental health professional, certifies in writing that the gender transition procedure is the only way to treat the mental health concern.
3.
At least 2 health care providers, including at least one mental health professional, certifies in writing that the minor suffers from no mental health concerns other than the concern described under subd.
2., including depression, an eating disorder, autism, attention deficit hyperactivity disorder, intellectual disability, or a psychotic disorder.
4.
The health care provider receives the voluntary and informed consent of the minor and the minor’s parent or legal guardian as provided in par.
(b).
(b) Consent to a gender transition procedure is voluntary and informed under par.
(a) 4.
only if, at least 30 days before the first treatment of the gender transition procedure and during every subsequent medical visit for treatment during the following 6 months, the minor and the minor’s parent or legal guardian is provided with the following notice, both orally and in writing in at least 14-point type in a proportional font:
- 2026 Legislature - 6 - LRB-2406/1 KRP&JPC:skw SENATE BILL 405 SECTION 1 NOTICE If your child begins one of these treatments, it may actually worsen the discordance and thus increase the likelihood that your child will need additional and more serious interventions to address the worsening condition.
For example, if your child begins socially transitioning or taking puberty blockers, that treatment may significantly increase the likelihood that your child’s discordance will worsen and lead to your child eventually seeking cross-sex hormones or even surgery to remove some of your child’s body parts.
Sweden, Finland, and the United Kingdom have conducted systematic reviews of evidence and concluded that there is no evidence that the potential benefits of puberty blockers and cross-sex hormones for this purpose outweigh the known or assumed risks.
Medical authorities in Sweden, Finland, and the United Kingdom have since recommended psychotherapy as the first line of treatment for youth gender dysphoria, with drugs and surgeries reserved as a measure of last resort.
Medical authorities in France have advised “great caution” when prescribing hormones for gender dysphoria.
There are people who underwent gender transition treatments as minors and later regretted that decision and the physical harm that these treatments caused, and the total percentage of people who experience this regret is unknown.
Some estimate that the rate is below 2 percent, but that estimate is based on studies done on adults who transitioned as adults or on minors who transitioned under highly restrictive and controlled conditions.
- 2026 Legislature - 7 - LRB-2406/1 KRP&JPC:skw SENATE BILL 405 SECTION 1 Sometimes gender transition treatments have been proposed as a way to reduce the chances of a minor committing suicide due to discordance between the minor’s sex and his or her perception, but the rates of actual suicide from this discordance remain extremely low.
Furthermore, as recognized by health authorities in Europe, there is no evidence that suicidality is caused by “unaffirmed” gender or that gender transition treatments are causally linked to a reduction in serious suicidal attempts or ideations.
For puberty blockers:
Puberty blockers are not approved for this purpose by the U.S.
food and drug administration, which is the federal agency that determines which drugs are safe and effective for humans to use.
Claims about puberty blockers’ safety and efficacy are based on their use for precocious puberty, a different condition in which normal puberty is allowed to resume once the patient reaches the appropriate age.
Studies on the benefits of using puberty blockers for gender dysphoria are notoriously weak.
Puberty blockers are not fully reversible because, among other risks, puberty blockers may intensify a minor’s discordance and cause it to persist.
Puberty blockers increase the risk of your child being sterilized, meaning that he or she will never be able to have children.
Puberty blockers may also cause diminished bone density for your child, increasing the risk of fracture and early osteoporosis.
Puberty blockers may also prevent your child from ever being able to engage in sexual activity or achieve orgasm for the rest of your child’s life.
There is no research on the long-term risks to minors of persistent exposure to puberty - 2026 Legislature - 8 - LRB-2406/1 KRP&JPC:skw SENATE BILL 405 SECTION 1 blockers.
The full effects of puberty blockers on brain development and cognition are unknown.
For cross-sex hormones:
The use of cross-sex hormones in males is associated with numerous health risks, such as thromboembolic disease, including blood clots;
cholelithiasis, including gallstones;
coronary artery disease, including heart attacks;
macroprolactinoma, which is a tumor of the pituitary gland;
cerebrovascular disease, including stroke;
hypertriglyceridemia, which is an elevated level of triglycerides in the blood;
breast cancer;
and irreversible infertility.
The use of cross-sex hormones in females is associated with risks of erythrocytosis, which is an increase in red blood cells;
severe liver dysfunction;
coronary artery disease, including heart attack;
hypertension;
and increased risk of breast and uterine cancer.
Once a minor begins cross-sex hormones, the minor may need to continue taking those hormones for many years and possibly for the remainder of the minor’s life.
The cost of these hormones may be tens of thousands of dollars.
If the use of cross-sex hormones leads to surgery, the total cost of transitioning may exceed $100,000.
For surgical procedures:
The dangers, risks, complications, and long-term concerns associated with these types of procedures are almost entirely unknown.
There are no long-term studies on either the effectiveness or safety of these surgical procedures.
- 2026 Legislature - 9 - LRB-2406/1 KRP&JPC:skw SENATE BILL 405 S ECTION 2 (1) This act first applies to a gender transition procedure performed on the effective date of this subsection.
(b) Compensatory damages.
END )
(c) Punitive damages.
(1) This act first applies to a gender transition pro- (d) If the prevailing party, reasonable attorney fees cedure performed on the effective date of this and costs.
subsection.
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 3-31-2026

  4. Presented to the Governor on 3-26-2026

  5. Report correctly enrolled

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in, Ayes 53, Noes 45

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Rules suspended to withdraw from Senate message and take up

  13. Read

  14. Received from Senate

  15. Ordered immediately messaged

  16. Read a third time and passed

  17. Rules suspended to give bill its third reading

  18. Ordered to a third reading

  19. Senate Amendment 1 adopted

  20. Read a second time

  21. Placed on calendar 2-11-2026 pursuant to Senate Rule 18(1)

  22. Available for scheduling

  23. Report passage as amended recommended by Committee on Health, Ayes 3, Noes 2

  24. Report adoption of Senate Amendment 1 recommended by Committee on Health, Ayes 3, Noes 2

  25. Executive action taken

  26. Senate Amendment 1 offered by Senator Hutton

  27. Public hearing held

  28. Read first time and referred to Committee on Health

  29. Introduced by Senators Hutton, Kapenga, Bradley and Nass; cosponsored by Representatives Nedweski, Steffen, Maxey, Brill, Green, Gustafson, O'Connor, Kreibich, Piwowarczyk, Penterman, Mursau, Allen, Dittrich, Knodl, Murphy, Wichgers and Behnke

Sponsors

  • Nedweski · Cosponsor
  • Steffen · Cosponsor
  • Maxey · Cosponsor
  • Brill · Cosponsor
  • Green · Cosponsor
  • Gustafson · Cosponsor
  • O'Connor · Cosponsor
  • Kreibich · Cosponsor
  • Piwowarczyk · Cosponsor
  • Penterman · Cosponsor
  • Mursau · Cosponsor
  • Allen · Cosponsor
  • Dittrich · Cosponsor
  • Knodl · Cosponsor
  • Murphy · Cosponsor
  • Wichgers · Cosponsor
  • Behnke · Cosponsor
  • Rob Hutton · Primary
  • Chris Kapenga · Cosponsor
  • Julian Bradley · Cosponsor
  • Steve Nass · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 20 co-sponsors · 111 not signed on · 43 voted No

Sponsors (1)

Co-sponsors (20)

  • Nedweski
  • Steffen
  • Maxey
  • Brill
  • Green
  • Gustafson
  • O'Connor
  • Kreibich
  • Piwowarczyk
  • Penterman
  • Mursau
  • Allen
  • Dittrich
  • Knodl
  • Murphy
  • Wichgers
  • Behnke
  • Kapenga, Chris Republican
  • Bradley, Julian Republican
  • Nass, Steve Republican

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Read a third time and concurred in

Passed 53 Yea · 45 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 52001
Democrat 04300
Unaffiliated 1200
Total 534501
% of votes cast 54%45%0%1%
How each member voted (99)
Member Party Vote
JOHNSON — Nay
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Nay
Cruz, Angelina Democrat Nay
DeSanto, Karen Democrat Nay
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Nay
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Nay
McGuire, Tip Democrat Nay
Miresse, Vincent Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Nay
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Nay
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights healthcare labor
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Frequently asked questions

What does SB 405 do?
An Act to create 895.039 of the statutes;
Who sponsors SB 405?
SB 405 is sponsored by Nedweski, Steffen, Maxey, Brill, Green, Gustafson, O'Connor, Kreibich, Piwowarczyk, Penterman, Mursau, Allen, Dittrich, Knodl, Murphy, Wichgers, Behnke, Hutton, Rob (Republican), Kapenga, Chris (Republican), Bradley, Julian (Republican), and Nass, Steve (Republican).
What is the current status of SB 405?
This bill has been sent to the executive. Introduced August 28, 2025. It awaits signature.
Where can I track SB 405?
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