“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.