The Vulnerable Youth Protection Act, introduced as H.B. No. 2258 by Toth, seeks to impose civil liability on individuals who contribute to the social transitioning of minors, defined as adopting a gender identity different from their biological sex through changes in clothing, pronouns, hairstyle, and name. The bill establishes strict liability for those causing or contributing to such transitioning, as well as for actions leading to the castration, sterilization, or mutilation of minors. It outlines recoverable damages in lawsuits, including nominal, compensatory, and punitive damages, along with attorney's fees. The bill also limits defenses available to defendants, stating that ignorance of the law or reliance on overturned court decisions are not valid defenses.

Furthermore, the bill introduces provisions regarding the severability of laws within a specific subchapter, ensuring that if any part is deemed invalid or unconstitutional, the remaining provisions will still be enforceable. It clarifies that courts cannot refuse to enforce these severability requirements and allows litigants to assert the invalidity of any provision as a defense. The bill intends for any facially invalid provision to be interpreted in a manner that allows for its continued application in compliance with federal or state law. The act will take effect immediately upon a two-thirds vote from both houses or on September 1, 2025, if such a vote is not achieved.

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