Remembrance, Resilience, and Response: Addressing An Epidemic of Violence Against Trans and Non-Binary People
Each year on Nov. 20, gives us an opportunity to remember and honor the trans and non-binary people who have been killed at the hands of transphobic and transmisogynistic violence. In , over trans and non-binary people have been killed around the world, the large majority of whom were trans women and trans feminine people. Within the United States, there have been at least 28 documented cases of trans and non-binary people who have been murdered this year, with reporting that almost 80 percent were people of color. While TDOR largely focuses on those we have lost to murder, it is also important to recognize trans and non-binary people who have died because of , lack of access to shelter, suicide, and other . This and alarming rate of death has been labeled a , and continues to impact trans and non-binary communities, especially Black trans and non-binary communities, in every corner of the United States.
In addition to high murder rates, trans and non-binary people also face widespread physical and sexual violence, especially from law enforcement. There is a long history of trans and non-binary people being targeted by and the criminal legal system as a whole. As , a Black non-binary abolitionist and cultural worker, reminds us, “The [U.S. criminal legal system] was absolutely designed to warehouse us, to surveil us, to police us…specifically [those of] us who are Black…immigrants…queer, trans, et cetera.” Research conducted by the NYC Anti-Violence Project concluded that trans and non-binary people are more likely to experience physical police violence as compared to cisgender people. continue to experience the highest rates of in the LGBTQ community, and are even criminalized for defending themselves against anti-Black, transphobic, and transmisogynyistic attacks.
Across trans and non-binary communities, law enforcement officers have often abused their power to violently and punish gender non-conformity. This often leads to police criminalizing trans and non-binary people for non-illegal activity, such as using public restrooms or standing on street corners. If trans and non-binary people are not killed or harmed by police officers, then they are arrested or incarcerated for “crimes” like false personation, suspicion of sex work, or disorderly conduct, simply for being who they are. Once incarcerated, trans and non-binary people are often forced into facilities that do not align with their gender, denied access to gender-affirming health care, and sexually harassed and assaulted at disproportionate rates. The ACLU’s legal and policy work on rights for trans and non-binary people and sex work decriminalization demonstrates how anti-trans violence can be fought at a structural level, and has resulted in change for trans and non-binary people.
In the face of so much violence and death, trans and non-binary people on the ground continue to mobilize to support and protect their communities. This includes actions such as rallies, like the held this past summer in Brooklyn, and the creation of and , which assist trans and non-binary people in accessing necessary resources. Trans and non-binary people also continue to be vocal about their needs and the conditions required to survive and thrive in a world filled with transphobic and transmisogynstic violence. The ’s “Black Trans Women and Black Trans Femmes: Leading & Living Fiercely,” envisions concrete solutions to combat the and violence that Black trans women and Black trans feminine people experience, and projects like provide space for community empowerment and connection among trans and non-binary people of color.
It is essential for us to celebrate, support, and care for the trans and non-binary people who are still living as we mourn and honor those who have passed. Some concrete actions include:
- Policy: Educate yourself about the decriminalization of sex work, and how decriminalization would impact the lives of trans and non-binary people. Get involved in decriminalization efforts in your area, or if there are none, work with local community organizers to bring this issue to their attention.
- Know Your Rights: Research your rights for interacting with law enforcement, and learn ways to safely de-escalate situations in which police are verbally or physically harassing trans and non-binary people.
- Mutual Aid: Find in your city and state, and plug into the needs that trans and non-binary have named as priorities for their communities. You can also contribute to mutual aid funds for trans and non-binary people to ensure that your money will directly benefit their survival, and donate to bail funds for trans and non-binary people who cannot afford cash bail.
On this Trans Day of Remembrance, we honor the following trans and non-binary people. May they rest in power.
- Aerrion Burnett, Independence, MO
- Aja Raquell Rhone-Spears, Portland, OR
- Alexa Neulisa Luciano Ruiz, Toa Baja, Puerto Rico
- Angel Haynes, Memphis, TN
- Ashley Moore, Newark, NJ
- Brayla Stone, Sherwood, AR
- Bree “Nuk” Black, Pompano Beach, FL
- Brian "Egypt" Powers, Akron, OH
- Dominique "Rem'mie" Fells, Philadelphia, PA
- Draya McCarty, Baton Rouge, LA
- Dustin Parker, McAlester, OK
- Felycya Harris, August, GA
- Helle Jae O’Regan, San Antonio, TX
- Jayne Thompson, Mesa County, CO
- Johanna Metzger, Baltimore, MD
- Kee Sam, Lafayette, LA
- Layla Pelaez Sánchez, Puerto Rico,
- Lexi, New York, NY
- Marilyn Cazares, Brawley, CA
- Merci Mack, Dallas, TX
- Mia Green, West Philadelphia, PA
- Michellyn Ramos Vargas, San Germán, Puerto Rico
- Monika Diamond, Charlotte, NC
- Nina Pop, Sikeston, MO
- PenĂ©lope DĂaz RamĂrez, Bayamon, Puerto Rico
- Queasha D. Hardy, Baton Rouge, LA
- Riah Milton, Liberty Township, OH
- Sara Blackwood, Indianapolis, IN
- Selena Reyes Hernandez, Chicago, IL
- Serena Angelique Velázquez Ramos, Puerto Rico,
- Shaki Peters, Amite City, LA
- Summer Taylor, Seattle, WA
- Tatiana Hall, Philadelphia, PA
- Tiffany Harris, The Bronx, NY
- Tony McDade, Tallahassee, FL
- Yampi MĂ©ndez Arocho, Moca, Puerto Rico
- Yunieski Carey Herrera, Miami, FL
and the other 330 trans and non-binary people murdered .
Source: Anti-Violence Project and news reports.
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.