Trans rights

“We have shifted this conversation so incredibly far in the direction of restrictions on trans people’s autonomy and rights in a way that was completely unfathomable to many of us even just three or four years ago,” said Chase Strangio, a lawyer at the American Civil Liberties Union.

Legislation in Oklahoma and South Carolina would make it a felony to provide hormonal or surgical transition treatment to transgender people younger than 26 — an uncharted incursion into adults’ health care. Other bills in both states, and in Kansas and Mississippi, would ban such care up to age 21. And bills in more than a dozen states would ban it for minors, which Arkansas was the first to do in 2021, against the consensus of major medical organizations.

A bill in Mississippi — declaring that “separate is not inherently unequal,” an allusion to Plessy v. Ferguson, the 1896 ruling in which the Supreme Court upheld segregation — would define sex as immutably set at birth, denying transgender identities under state law. A measure in West Virginia would define “any transvestite and/or transgender exposure, performances or display” as obscene, potentially outlawing transgender people’s presence around children.

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But the bills arriving in legislatures show a movement expanding beyond what it pitched itself as.

The 25-year-olds who would be unable to receive transition care in Oklahoma and South Carolina are not, after all, children. An Arizona bill would ban drag shows on Sunday mornings whether or not minors were around. (The lawmakers who introduced those bills did not respond to requests for comment.)

Matt Sharp, senior counsel and state government relations national director for the Alliance Defending Freedom, said his group believed “gender ideology attacks the truth that every person is either male or female.”

And Mr. Schilling, of the American Principles Project, confirmed that his organization’s long-term goal was to eliminate transition care. The initial focus on children, he said, was a matter of “going where the consensus is.”

Cathryn Oakley, the state legislative director and senior counsel at the Human Rights Campaign, said the bills disproved the notion that protecting children had ever been the motivation.

“Under His wings,” one lobbyist wrote in an email. “The Devil never sleeps,” another person sent in an email chain about the distinction between gender and sex. “I pray for the 2nd coming more and more.”

These missives are part of a trove of leaked emails between South Dakota GOP Rep. Fred Deutsch, anti-trans lobbyists, and other state lawmakers about anti-trans policies that are filled with language so deeply religious that, at times, the communications read like scripts from The Handmaid’s Tale. It’s the language, one expert told VICE News, of Christian nationalists who believe they’re engaging in a holy war.

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“Know that many have prayed and are praying for you this day. Do not back down, nor should you be afraid. Know that the Lord is with you. The children of South Dakota belong to him. He is jealous over them. Let his jealousies be spoken forth in the House of Representatives of South Dakota today so that his children would be made safe. Know you are HIS representative today. Do not be afraid. Stand firm in what is right,” wrote Vernadette Broyles, a lawyer and president of the Georgia-based Children and Parental Rights Campaign, which mobilizes against “gender ideology,” in 2020.

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“It is the language of Christian nationalism,” Thomas Lecaque, an associate professor of history at Grand View University focusing on apocalyptic religion and political violence. “It is the language of people who very much believe they are doing God’s will, and it is the language of people who very much believe that they are engaged in a holy war.”

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“Stopping the existence of transgender people and the acceptance of trans people in the public sphere is to them some sort of religious imperative,” Lecaque told VICE News.“It’s particularly fascinating that this group that has all this money, control in state legislatures, control of the house, they had a presidency, is acting like somehow they are David in the struggle.”

None of this is particularly surprising, and none of it is new. Today’s Christian nationalists believe that America is an inherently holy, Christian land, and that it’s their duty to restore God’s kingdom in order for Jesus to return. Part of this means that they think the country’s laws, policies and cultural institutions should reflect evangelical Christian values, VICE News previously reported. As a result, contentious cultural and political issues, like drag queen story hours and “critical race theory” are perceived as Satanic. Indeed, the Devil came up in the leaked emails.

See also.

Even in LGBTQ-friendly states like New York, transgender Americans are what estate attorney Elizabeth Schwartz politely calls “concerned” or “alarmed,” but she knows it’s much more than that. “I don’t want to sound like I’m downplaying it or making it sound milquetoast,” Schwartz said. “My inbox has been blowing up with people who are absolutely freaked out.”

Schwartz, who is based in Miami, has been working nonstop the past two months to help clients complete name and gender-marker changes, healthcare proxies, powers of attorney, wills, trusts and confirmatory adoptions. “If you’re married and have a child and both parents are on the birth certificate, there shouldn’t be a question of who the parents are, but this is a belt-and-suspenders kind of situation,” Schwartz said, meaning you have to double up protections. 

“The selectivity about whom the Fourteenth Amendment ought to apply to is stunning,” said Khiara M. Bridges, professor at University of California at Berkeley School of Law. “It’s not demanded by the text of the Constitution at all. Instead, these are political choices that are being made, and they’re elevating certain individuals’ rights.”

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The recent Supreme Court arguments about Tennessee’s ban on gender-affirming care for adolescents underscored the selectivity in who gets to exercise Fourteenth Amendment rights. The conservative position in U.S. v. Skrmetti is that while parents typically get to argue a due process right to direct their children’s upbringing, that right does not extend to parenting that affirms their transgender child’s identity. Trans adolescents can’t access medical care that is legal for their cisgender peers, and Republicans claim this is a regulation, not discrimination based on sex. Under this interpretation, even trans and nonbinary adults could continue to see their rights diminished.

“This [incoming] administration would be interested in denying them health care and, if not criminalizing them, certainly banishing them from public spaces,” Bridges said. One conservative group says it will pursue a ban on federal insurance covering affirming treatments, akin to the Hyde Amendment for abortion.

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As far as immigrants are concerned, President-elect Trump has also said he wants to end birthright citizenship and start a mass deportation program, which would necessarily rope in U.S. citizens. While citizenship for people born on U.S. soil is written verbatim into the Fourteenth Amendment, conservatives have previewed an argument to gut it.

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Bridges said this country’s history of mass deportations is rife with evidence that legal residents will be caught up in the dragnet. Hundreds of thousands of U.S. citizens with Mexican ancestry were deported during the Great Depression under President Herbert Hoover. (His slogan was “American jobs for real Americans.”) President Dwight Eisenhower’s 1950s deportation regime also wrongly removed American citizens of Mexican descent.

“This wasn’t about undocumentedness, and this wasn’t about immigrants. This was about non-whiteness,” Bridges said. Under Trump 2.0, she said, the U.S. would once again be removing people from the U.S. because they are not white. “We’re talking about building camps, right? That’s where we are.” 

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The groups of people whose Fourteenth Amendment rights to be recognized as full humans are under attack from Republicans are deeply connected to one another. “It’s an error to read these things separate from one another,” Bridges said, adding that the obsession with mass deportations is connected to the desire to end birthright citizenship, which are both tied to wanting to revert to traditional gender and family norms, and that’s linked to the interest in giving rights to fertilized eggs. “All of these things are part of the same project,” she said. “This is about whiteness and patriarchy. It’s about creating the U.S. as a nation for white men.” 

File under "Paywalled but pertinent."

The Harris campaign chose not to respond to the Trump ads — not even to point out, as the Lincoln Project did, that trans health care for prisoners (including surgery) was the policy of Trump’s Bureau of Prisons during his first term. In campaign rallies, Harris’s litany of “freedoms” invariably ended with gay rights (“The freedom to love who you love openly and with pride”). It never once included trans rights. The same was true for Democratic candidates down the ballot. Before McBride was banned from the Capitol bathrooms, she was excluded from the Democratic National Convention stage.

Rep. Alexandria Ocasio-Cortez, D-N.Y., called the  Capitol trans bathroom ban dangerous for “all women and girls” because “all it does is allow these Republicans to go around and bully any woman who isn’t wearing a skirt because she might not look woman enough.” That’s a lot like someone in 1955 objecting to Jim Crow laws because some white people might get mistaken for Black people. AOC didn’t mention McBride or civil rights.

Trans people have become untouchables.

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If it sounds like I’m terrified, I am — as are many trans Americans and their families. In recent years there has been an escalation in the number of anti-trans bills introduced in Republican state houses (669 bills in 2024). Most are targeting trans minors, taking away bathrooms, sports, books, forcibly outing them, outlawing “crossdressing,” greenlighting hate speech, criminalizing any mention of gender identity, and criminalizing their parents, doctors and counselors. As Trump has vowed, and as the state of Oklahoma has done, they’re not going to stop with children.

But what terrifies me most doesn’t just concern trans people. I’ll pose my fear as a question: What percentage of the German population was Jewish at the time of Hitler’s rise? The answer — 0.75% — is lower than most people guess.

The Nazi party gaslit a nation into thinking that a group comprising 0.75% of its population was a threat that could “poison” its culture, seize its economy and needed to be stopped. During the 1930s, before Germany’s “final solution” to “the Jewish problem,” more than 400 anti-Jewish decrees and regulations were issued by national, regional and municipal officials, gradually eliminating Jews from public life, employment, education, culture, travel, hospital care and turning them into outcasts.

My happy but plain vanilla life stands in contrast to the lurid rhetoric and terrifying intentions of Governor Greg Abbott, his allies in the state Legislature, and Republican lawmakers across the country, as well as the goals of Project 2025, the Heritage Foundation’s extremist blueprint for America’s future. Friends out of state urge me to leave Texas, which is where I have always lived. They fear for my safety. Some trans people I know refuse even to travel through Texas.

Their fears are not unwarranted. What I’ve found, however, is that even in rural Texas the average person couldn’t care less about my gender. Most Texans who know me and hear my story are supportive, wherever they happen to lie on the political spectrum. They may not understand it, but they accept it and move on. Those who do shun, hate, or fear seem, in my view, to be either insecure in their own identity or to be captured by merchants of fear in right-wing media.

Trans people endure constant psychic strain as we make our spaces and serve our communities while lawmakers plot our extinction. But the staged uproar over our supposed effrontery has less to do with reality than with our antagonists’ covert aims and unexamined anxieties. Someone I know recently suggested that trans people bring hate upon our own heads by always seeking attention and affirmation. The prosaic truth is that we simply want to exist.

This is just heartbreaking. And this was two years ago!

As some states become increasingly hostile to transgender youth, families are weighing a difficult decision of whether to leave their schools, jobs and communities behind to flee to a state with greater LGBTQ protections.

Q. It wasn’t just Trumpism. Some Democratic voices say it’s time to move beyond the issue of trans rights in areas like sports, which affect very few people.

A. You could say that about the Jews, Black people or Haitians, or any very vulnerable minority. Once you decide that a single vulnerable minority can be sacrificed, you’re operating within a fascist logic, because that means there might be a second one you’re willing to sacrifice, and a third, a fourth, and then what happens?

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We have a pernicious history of misogyny, which is being celebrated in the person of Trump. Guilty of sexual crimes, he has done more than any other American person to demean and degrade women as a class. The people who say, “Oh, I don’t like that part of his behavior, but I’m going to vote for him anyway because of the economy,” they’re admitting that they are willing to live with that misogyny and look away from his sexual violence. The more people who say that they can “live with” racism and misogyny in a candidate, even if they’re not enthusiastic racists, the more the enthusiastic racists and the fascists become stronger. I see a kind of restoration fantasy at play in many right-wing movements in the U.S. People want to go back to the idea of being a white country or the idea of the patriarchal family, the principle that marriages are for heterosexuals. I call it a nostalgic fury for an impossible past. Those in the grip of that fury are effectively saying: “I don’t like the complexity of this world, and all these people speaking all these languages. I’m fearful that my family will become destroyed by gender ideology.” As a consequence of that, they’re furiously turning against some of the most vulnerable people in this country, stripping of them of rights as they fear that the same will be done to them.

One of the principles upon which provision of puberty blockers to young trans people was made was Gillick competence – the law that says that young people over the age of 12 can be individually assessed by medical professionals to determine whether or not they’re competent to make medical decisions for themselves. This was hard fought for by feminist campaigners back in the 1980s and it led to the passing of the Age Of Legal Capacity Act in Scotland in 1991. It’s a principle of particular importance when it comes to reproductive healthcare, as it helps young people to access the services they need even if, for instance, they feel unsafe discussing them with their parents. As such, it helps to protect them from abuse and to get used to the idea that they have ownership of their bodies, which is important as they grow up and negotiate boundaries in romantic and social relationships.

By overriding Gillick competence where trans people are concerned, Streeting has created a risk that it will be ignored in other cases too. Perhaps we shouldn’t be surprised. He seems shaky on the concept of medical consent more generally, as demonstrated by his suggestion that obese unemployed people should be given the weight loss drug Ozempic to improve their health and get them back into work. Although his initial comments on this, which provoked a public outcry, were quickly followed by assurances that it would not be compulsory, concern remains about the vulnerability of people who depend on the state for support, especially those who are disabled, who make up a significant part of the obese population. Like most drugs, Ozempic has side effects and is not appropriate for everyone.

For transgender Americans looking for help or protection from the Biden administration in its dying days, Raquel Willis has a stark assessment.

"Unfortunately, the signals coming from our government right now, under a Democratic president, are telling us that we’re essentially on our own," the 33-year-old activist tells The Independent.

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What does Willis think of the standard Democrat line that the GOP’s war on trans is only a "distraction" from the "real issues"? Willis pauses and considers her words carefully before answering.

"In this moment, it is not enough to simply call anti-trans attacks from Republicans a distraction," she says. "Perhaps if this was 2015, 2016… there might be an argument.

"But lives have already been targeted and changed by these efforts. So we are beyond that point, and we can’t confront discrimination with inaction."

The Harris campaign, she adds, set a "horrible example" by declining to respond to the GOP’s late-election blitz of anti-trans TV ads, on which the party is estimated to have spent at least $215m.

"That was a loss before the election even happened," says Willis.

"If the Democratic Party wants to claim to be representative of progress and of the Left, it cannot leave communities on the chopping block, because it will continue to lose if it does so."