Legislatures Gear Up to Target Transgender People. We Gear Up to Fight Back.
Across the country, before state legislative sessions have even convened, lawmakers are making clear that transgender people will again be the relentless targets of discriminatory legislation.
Last year, lawmakers introduced 200 anti-LGBT bills in 34 states. At least 50 of those bills targeted transgender people specifically. We were able to defeat the overwhelming majority of these proposed laws.
The two most sweeping anti-LGBT bills to become law, in Mississippi and HB 2 in North Carolina, we promptly challenged in court. In North Carolina, the passage of HB 2 has resulted in hundreds of millions of dollars in lost revenue to the state, costly litigation, and former Gov. Pat McCrory’s defeat at the ballot in November.
But it seems lawmakers are not heeding the lessons of North Carolina.
In Alabama, Texas, South Carolina, South Dakota, Washington, and more, bills have been pre-filed or lawmakers have announced their plans to file bills that target transgender individuals for discrimination. Unconstitutional, unenforceable, and harmful, these bills send the message to trans people that our very existence is a problem for the lawmakers charged with protecting us.
Leading the charge of anti-trans rhetoric is Texas Lt. Gov. Dan Patrick, who has included anti-trans legislation among . While the Texas Association of Business that Patrick’s proposed bill, SB 6, could cost the state $ 8.5 billion, Patrick has dismissed those concerns and doubled down on his discriminatory proposal. His law, as he in an interview with the Houston Chronicle, will only expel women who are trans from women’s restrooms and not trans men from men’s restrooms because “men can defend themselves.”
Riddled with constitutional violations, the proposed bill is nonetheless another terrifying attack on an already vulnerable group of people. Patrick and others are playing on fears of trans people — the type of fears that contribute to the — to push legislation that will result in expelling trans people from public life.
Women and girls who are trans are frequent targets of harassment in schools, violence on the street, and widespread discrimination in all facets of life. By claiming that discrimination against transgender women is necessary to protect the safety and privacy of “women and girls,” Patrick is reinforcing the idea that women and girls who are trans are not “real” women and girls. These proposals suggest that the very existence of a trans person undermines the privacy of others. This is not true.
The work of combatting these bills and the misinformation that animates them must center the voices and lived experiences of trans people. And what we know from experience is that:
- The existence of trans people does not threaten the privacy of anyone else. We exist. Some people may be uncomfortable with us, but discomfort with difference is not the same as infringement of privacy.
- Trans women and girls are women and girls. Full stop. They are not “biological males” or “men pretending to be women” — no qualifications needed. The same is true for trans men and boys, who are men and boys.
- Extending legal protections to transgender people, including when it comes to using restrooms and locker rooms, does not threaten the safety of anyone else. This has been proven time and time again despite the ongoing rhetoric to the contrary.
- Policing of gender or genitals in restrooms is bad for everyone. There is no way to actually enforce these anti-trans bathroom laws except by exposing us all to intrusive questioning about our bodies, our gender, and our government documents.
- Anti-trans laws are not really about restrooms, locker rooms, safety, or privacy but about expelling trans people from public life. Those most impacted by these laws have been and will always be trans people who are already subject to the most policing and violence — particularly trans women and femmes of color.
From Washington to South Dakota to Texas to North Carolina, the humanity of trans people is being attacked. But in the face of these attacks, trans people have shown our resilience. If what these lawmakers are asking is that we simply not be trans, , “most trans people have tried that and it didn’t work.” Our lives and identities are real, and we are not going away.
No matter what lies ahead, the ACLU will be there every step of the way. We will fight to stop discriminatory bills from becoming law, we will keep fighting in court, and we will continue to stand in solidarity with the trans advocates on the front lines.
Learn More About the Issues on This Page
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Press ReleaseDec 2024
LGBTQ Rights
President Biden Must Veto Defense Bill Attacking Military Families with Transgender YouthPresident Biden Must Veto Defense Bill Attacking Military Families with Transgender Youth
WASHINGTON — The U.S. Senate today passed a version of the National Defense Authorization Act that would ban coverage for gender-affirming care for transgender youth whose parents are active-duty military personnel. The American Civil Liberties Union is opposing final passage of the defense bill over the inclusion of this health care ban and calling on President Joe Biden to veto the bill. Section 708 of the NDAA would prohibit insurance coverage for “medical interventions for the treatment of gender dysphoria” such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would “permanently ban transgender medical treatment for minors.” The same treatments would be covered by TRICARE for any medical purpose other than treating gender dysphoria, the clinical diagnosis for the psychological distress experienced by transgender people related to their gender identity. “By passing this bill, the House and Senate are forcing thousands of active-duty service members to choose between their careers in the military and the future of their transgender children,” said Mike Zamore, national director of policy & government affairs at the ACLU. “This unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden’s legacy of defending the civil rights of transgender Americans — including when few in his own party showed the courage to do so. President Biden should cement his legacy by vetoing this bill and sending it back to Congress to pass without Speaker Johnson’s last minute health care ban for servicemembers’ kids.” If signed by President Biden, this health care ban would be the first new anti-LGBTQ provision enacted by Congress and signed into law by the president since the enactment of the military’s since-repealed “Don’t Ask, Don’t Tell” policy for LGBTQ servicemembers and the since-repealed federal law barring recognition of same-sex marriages known as the Defense of Marriage Act. It is unknown how many transgender youth are currently enrolled in TRICARE or how many of those enrolled are currently receiving coverage for gender-affirming care. In one 2022 analysis, 2,500 minor patients sought care for gender dysphoria through TRICARE Prime insurance at military or civilian treatment facilities in 2017, and 900 received puberty suppressants or gender-affirming hormones. Earlier this month, the Supreme Court heard oral arguments in a landmark case brought by the ACLU, the ACLU of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution. -
Press ReleaseDec 2024
LGBTQ Rights
Montana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's LicensesMontana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's Licenses
HELENA, Mont. – A Montana court has granted a preliminary injunction preventing the state of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver’s licenses. After a prior restriction on amendments of birth certificates was struck down by the courts, in early 2024 the state of Montana enacted a new rule that categorically bars transgender Montanans from correcting the sex designation on their birth certificates. Around the same time, the Montana Department of Justice adopted a policy similarly restricting amendment of driver’s licenses. The plaintiffs challenged these policies in state district court, arguing that they violate various constitutional provisions, including the right to equal protection of the law. In a recent Montana Supreme Court decision, two justices concluded that discrimination on the basis of transgender status – as the state is engaging in here – is a form of sex discrimination that violates the Montana Constitution’s equal protection clause. The plaintiffs, two transgender women, are represented by the American Civil Liberties Union, the ACLU of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: “After finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male. I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.” “Once again the State of Montana chose to adopt a draconian policy that is clearly intended to marginalize transgender Montanans, only for that discriminatory action to be blocked by the courts,” said Akilah Deernose, executive director for the ACLU of Montana. “Here in Montana we treasure our right to privacy and to live our lives free from governmental intrusion. The State of Montana clearly has not learned any lessons from the past few years, where courts have repeatedly struck down unconstitutional laws targeting transgender Montanans.” “Forcing anyone to carry documents that contradict their identity unjustly violates their rights to privacy, equal treatment, and not being compelled to convey a government message about their sex that they disagree with,” said Malita Picasso, staff attorney for the ACLU’s LGBTQ & HIV Project. “Such a policy marks transgender people for further mistreatment and discrimination, essentially requiring them to carry papers that out them as transgender any time they need to provide identity documents. Fortunately, the court has refused to allow the state of Montana to subvert the freedom of transgender Montanans to control their own identity as this case goes forward.” In granting the plaintiffs’ motion for a preliminary injunction, the court held, “[i]f the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.” The state has the option of appealing the district court’s ruling to the Montana Supreme Court, but the underlying case will proceed in district court. A trial has not yet been scheduled. -
FloridaDec 2024
LGBTQ Rights
Keohane v. DixonKeohane v. Dixon
On September 30, 2024, the Florida Department of Corrections rescinded its policy regarding treatment of gender dysphoria, which allowed for hormone therapy when deemed medically necessary, as well as access to clothing and grooming standards that accord with one’s gender identity. Under this new policy, grooming and clothing accommodations have been stripped away, and hormone therapy is not permitted unless an exception is deemed constitutionally required. The ACLU brought a class action challenging the policy. -
IdahoDec 2024
LGBTQ Rights
Robinson v. LabradorRobinson v. Labrador
Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.