Like any good attorney, I enjoy winning and being right. However, as a transgender attorney watching the fallout from antitransgender legislation across the country spin out of control, this is one time I wanted to be wrong. I wanted to be wrong about the prediction that antitrans legislation and rhetoric would spur further discrimination and hostility towards all people, not just trans folks. Sadly, this hatred of trans people has had the exact result we anticipated: increased harassment of people in bathrooms as well as continued pernicious violence against trans women.
Reports are rolling in from across the country of nontransgender women being policed and harassed in bathrooms. A 22-year-old Connecticut cisgender was harassed in a Wal-Mart bathroom this week because someone thought she was transgender. In Texas, where Lt. Gov. Dan Patrick has been unapologetic in his , a Texas trying to use a women’s restroom in a hospital was accosted by a man twice her size trying to make sure she was “going in the right place,” all because she was wearing a baseball hat with short hair.
And, of course, the violence and harassment of trans women has not stopped or decreased. Earlier this month, trans woman Reese Walker was murdered in Wichita, Kansas, a state that proposed awarding students a $2,500 bounty if they reported trans people in the restroom. In Florida this last week, beloved trans woman Mercedes Successful was found in a huge blow to the LGBT community in Haines City, Florida.
In Washington, D.C., this week, where transgender people are protected from discrimination under city law, a was assaulted by a security guard at a Giant grocery store. “You guys cannot keep coming in here and using our women’s restroom,” the guard told her as she pushed her out of the store. “They did not pass the law yet.” Also, in New York City, trans woman Pearl Love was verbally and physically attacked by a nontranswoman on a subway train in a video that went and prompted a response from presidential candidate Hilary Clinton.
It seems like things are going to get quite worse for trans people before they get better.
Just last night, Oklahoma lawmakers introduced , which requires schools to provide students a “religious exemption” if they are offended by trans students in school bathrooms. The real kicker to this bill is that a reasonable accommodation for transphobic students is not a single-user bathroom — like trans students have been forced to use — but rather a multi-user “trans-free” restroom, again demonstrating that at the heart of these bills is a devaluation of trans youth’s very existence.
Despite the fact that actual problems face many state legislatures, states like and are going out of their way to arrange special sessions to discuss barring trans people from bathrooms in schools and public places. And in , a hateful ballot initiative is gathering steam that, among other things, would nullify state laws protecting trans people from discrimination and allow students to sue schools for up to $2,500 if they encounter a trans person in a bathroom.
If the whirlwind of 2016 has taught us anything, it’s that transphobia hurts all of us. It makes our communities and schools less safe and more heavily policed; it continues to assure the public that violence and exclusion of trans people from public life is the status quo; and it prevents all students from focusing on their education — an education that should arguably include values such as acceptance and compassion.
We must continue to fight back against these hateful messages and realize supporting trans people means supporting everyone’s right to dignity and justice.
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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.