There is a Coordinated Attack Against Trans Youth in State Legislatures
Less than a month and a half into 2020, this state legislative session has seen unprecedented attacks on LGBTQ people, and an alarming focus on bills that would harm trans youth.
Also alarming: These bills, and the terminology used in them, use and clearly come from a common playbook.
Right now, bills are pending in 10 states that would criminalize life-saving, best practice medical care for trans youth, putting government in the way of decisions that should be left up to the young person, their parents, and their medical providers. Proponents of these bills repeat similar lies about medical care, but these bills are opposed by all major medical associations that just want to be sure all kids can get the health care they need.
At the same time, 16 states currently are considering bills that would ban young trans athletes from participating in athletic activities consistent with their gender (bills in Missouri and Idaho have hearings this week). Some of the bills only exclude girls who are trans, echoing language that was once used to keep cisgender women out of sports. Others also require boys who are trans to participate solely on girls’ teams. Statewide scholastic sports organizations typically regulate the terms of participation in sports to ensure all youth can participate fairly. These bills would instead authorize invasive medical examinations of young athletes, and would substitute a categorical exclusion from school sports that doesn’t match up even with the most stringent regulations governing elite competition like the Olympics.
And still, other bills would allow all health care providers to refuse care based on religious objections to trans people, or make it harder for schools to support trans youth.
These bills — and dozens of other anti-LGBTQ measures — are pending in states across the country from Alaska to Florida. That’s not a coincidence. These efforts are part of an led by groups like Heritage Foundation, Alliance Defending Freedom, — who last week filed a lawsuit trans student athletes — and the Family Policy Alliance, to demonize trans youth and drive a among supporters of LGBTQ equality. We can’t let them succeed.
We know that when young people are supported by their parents and communities, they thrive. Research shows that transgender youth whose families support their gender identity have a 52 percent decrease in suicidal thoughts, a 48 percent decrease in suicide attempts, and significant increases in self-esteem and general health.
This isn’t theoretical. The South Dakota Health & Human Services Committee voted last week to their bill restricting access to health care for trans youth. While a bill to exclude trans kids from sports failed in committee in Alabama on February 13, the sponsor has already scheduled it for another hearing next week. And that same day, a House committee in Arizona just voted to move forward a bill that would bar trans young people from participating in sports. Other legislatures are poised to act soon.
In South Dakota — trans youth, their parents, medical providers, business leaders, and others spoke up and made it clear that these attacks will hurt young people and the state. As is so often the case — the victory in protecting the rights of transgender people belongs to the trans community.
But even when these bills are defeated, the fact young people and their families have to show up over and over before lawmakers and testify to try to stop these attacks is itself harmful. Let’s fight back with these youth and the entire LGBTQ community, and show our young people who are watching – and the orchestrated movement attacking us – that trans kids have fierce allies and we won’t let these bills pass.
Like Zaya Wade last week, we only get one life. If we can’t be ourselves, how can we live?
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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.