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Your Guide to Talking About Attacks on Trans Youth
Misinformation is fueling an attack on trans youth in state legislatures. These attacks overwhelmingly focus on youth and schools. They try to make being trans shameful — but they won’t stop youth from being trans. They will only make it harder for kids to grow up at all and make it harder to access the support, education, and community that all young people deserve.
Misinformation is fueling an attack on trans youth in state legislatures. These attacks overwhelmingly focus on youth and schools. They try to make being trans shameful — but they won’t stop youth from being trans. They will only make it harder for kids to grow up at all and make it harder to access the support, education, and community that all young people deserve.
While everyone should be contacting lawmakers and expressing their support for trans youth, we know that these attacks aren’t limited to statehouses. The lies about trans youth spread at the dinner table, PTA meetings, and many other places. It takes all of us speaking out and speaking up.
Watch ACLU’s Ambassador for Trans Justice, Miss Peppermint, and LGBTQ & HIV Project Staff Attorney Taylor Brown tell us the truth about trans youth and then check out these resources, so you know how to respond the next time you hear a lie about trans youth.
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Using people’s names and pronouns is a matter of respect.
“It’s hard not to take it personally, but over the years I have grown numb to the discrimination. Sometimes, these experiences made me want to give up. But that’s not true happiness. That’s not what I’m here for. I’m here to identify myself accurately and get respect. So, I have no choice but to keep pushing through.” — Erica Aries
- We all want to be respected and seen for who we are. When a young person’s name and pronouns are respected, they do better in school, have more confidence, and have lower rates of suicide.
- People change their names for a variety of reasons. If the only time you have difficulty using someone’s name and pronouns is when they are trans, ask yourself why.
- It doesn’t hurt you to be kind and be respectful. But it could be very meaningful to someone else. There’s no reason not to try.
Trans women are women.
“Cisgender women should be concerned whenever an alleged concern for ‘protecting’ our well-being is invoked to justify exclusion.” — Shayna Medley & Galen Sherwin
- Attempts to legislate who is or isn’t a woman are not new. Lawmakers have often tried to exclude poor women, unmarried women, Black women, and others from legal protections. Across time and cultures, trans women have often been not only accepted but revered.
- There’s nothing wrong with saying “woman.” Just ask yourself if that’s the most specific and inclusive language you can use.
- Policing what it means to be a woman hurts everyone. That’s why the ACLU fights against sexist dress code policies and practices that push women out of the workforce.
School sports are about participation and belonging. It’s wrong to deny students the chance to try out for a team.
“The false rhetoric taking hold is a distraction to the real threats to girls and women in sports, such as lack of Title IX understanding and compliance; inequity in compensation, resources, sponsorship, and media attention; harassment and abuse of female athletes and women working in sports, the list goes on.” — Women’s Sports Foundation
- Transgender people want to participate in school sports for the same reasons as their peers: to challenge themselves, improve fitness, and . Excluding trans youth from sports sends them the message that they are not worthy of the same kinds of opportunities as their classmates.
- Professional women athletes and organizations fighting to end discrimination against girls in school sports are all speaking up to oppose these bills. They are saying girls’ sports need more funding and resources.
- We’re talking about kids. Growing up is hard for all of us, but imagine if your ability to simply go to school and try out for a team was up for debate. No young person should have to fight this hard just to be on a team.
Trans youth know who they are. They should be able to ask questions and discuss their gender with their parents and medical professionals without inference from politicians.
“[After starting hormone therapy,] I now feel a level of confidence I never knew was possible. I can easily and confidently interact with other people, whether I know them or not. My body is finally beginning to match who I am.” — Dylan Brandt
- What you won’t hear from many supporting these bills: None of the care being provided to transgender youth is new or provided only to trans youth. We’re talking about care that has been given to youth with a wide range of diagnoses for decades.
- These bills are ultimately about stopping trans youth from experiencing joy. Denying medical care and support to transgender youth has been shown to contribute to depression, social isolation, self-hatred, risk of self-harm and suicidal behavior, and more. In short: It’s life threatening.
- Doctors and major medical associations have spoken out against these bills and in support of trans youth having access to gender affirming care.
Trans people have always been here.
“Trans people are not new. We have always been here. As long as there’s been recorded human history, we have always existed. But we have been written out of the human story — and when you come from a community that is without a full range of possibility models, it raises the question, in yourself as well as others, of whether or not you deserve rights or a place in society.” –
- If you aren’t aware of any trans people you’ve met, then you might not be aware of how many trans people have existed throughout human history. Just because something is new to you, it doesn’t mean it’s new to everyone.
- It’s okay for you to learn about trans people on your own time — the ACLU’s Trans in America documentary series is a good start, and the ACLU’s advocacy on behalf of transgender people goes back decades.
- You can speak up against these harmful attacks even if you have questions and are still learning.
You can take action by following your local ACLU affiliate, , or sharing this resource with others. And be sure to check out our Know Your Rights information so you know how the law protects trans and non-binary people from discrimination.
Learn more:
Trans in America
A short documentary series about transgender civil rights in the United States that follows three families as they battle against discrimination.
Source: American Civil Liberties Union
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.