Trans rights

While it may be tempting to put all the blame on Trump or the Republicans or Project 2025 (and they deserve the lion’s share), to do so would be to ignore decades of choices, missed opportunities, and betrayals within the mainstream LGBTQ+ movement that, read together, show how and why transgender people find themselves so vulnerable to political scapegoating and attacks today.

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Jessica Xavier—founder of the transgender lobbying group It’s Time, America!—proposed addressing these tensions in relation to conversion therapy by focusing on how the tie that truly binds LGBTQ+ people together is not sexuality but gender variance. “We talk about gender variance when men take jobs as nurses [and] when men have long hair,” she said, to explain why the pivot away from morality toward gender variance was necessary. If you extend this view, you quickly realize that engaging in same-sex sexual relationships is in itself a defiance of gender norms, much like career and grooming choices. Xavier elaborated her perspective: “If we frame this as a larger societal pressure that reaches to straight people … If we all realize that we’re fighting the same enemy in different ways, that language has more implications for society: It’s gender.” Gender and sexuality are impossible to tease apart, and those connections affect everybody who has ever worried that maybe they aren’t “man enough” or “a good woman.” Attacks on transgender people are toothless in a social world where everybody is freed from strict gender norms. But such freedom also makes it harder to control populations, which might explain why political power grabs usually feature some aspect of suppressing gender expression.

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Over time, focusing on sexuality, relationships, and families headed by same-sex partners meant that gender essentially fell off the “LGBT” agenda—until suddenly it became the right’s primary target. As a result, transgender people are now vulnerable to political attacks for many reasons, not least of which is the missed opportunity over those many decades to educate the public about gender norms and gender variance. It’s safe to say that this history might also be why those in power can behave as though the group doesn’t have the backing of a critical mass of supporters or influential allies—because of this legacy of negligence by the larger movement, frankly, they don’t.

Clearly, the resistance to addressing gender head-on earlier in our history has had a broader impact on how LGBTQ+ politics are understood today. In particular, the failure to center gender and the ideas about masculinity and femininity that affect us all (not just LGBTQ+ people) has meant that coalitions with other groups were over before they began. These include most obviously organizations fighting for reproductive rights and gender equity, as well as others focused on bodily autonomy, such as activists looking to preserve the right to asylum, provide food and shelter to poor and homeless people, and end mass incarceration.

The Department of Justice and the Department of Education have joined forces to create a Title IX Special Investigations Team, targeting “the pernicious effects of gender ideology in school programs and activities,” as per an April 4 press release.

Enacted by Congress in 1972, Title IX was meant to protect students at all levels from discrimination “on the basis of sex.” Traditionally, it’s been used to combat sex-based violence, harassment, and discrimination within federally-funded academic institutions. At least 21 state attorneys general have also explicitly stated that Title IX protections include trans people.

Under the Trump regime, however, Title IX has taken on a new role. It’s become a tool for harassing trans students, or students merely suspected of being trans, especially if those students are athletes.

“Protecting women and women’s sports is a key priority for this Department of Justice,” said Attorney General Pamela Bondi, a Trump appointee, in a press release announcing the new effort.

Secretary of Education Linda McMahon is also standing at the helm. The ex-World Wrestling Entertainment CEO has a messy, decades-long history tainted by reports implicating her in child sex abuse and steroid scandals at the WWE.

I don't usually even read, much less recommend, anything paywalled, but this makes some important points:

“Freedom is a fragile thing, and it’s never more than one generation away from extinction,” Ronald Reagan said in 1967, in his inaugural address as governor of California. Kevin D. Roberts, the president of the Heritage Foundation, approvingly quotes the speech in his foreword to Project 2025, the conservative think tank’s blueprint for the Trump administration. Roberts writes that the plan has four goals for protecting its vision of freedom: restoring the family “as the centerpiece of American life”; dismantling the federal bureaucracy; defending U.S. “sovereignty, borders, and bounty”; and securing “our God-given individual rights to live freely.”

Project 2025 has proved to be a good road map for understanding the first months of Donald Trump’s second term, but most of the focus has been on efforts to dismantle the federal government as we know it. The effort to restore traditional families has been less prominent so far, but it could reshape the everyday lives of all Americans in fundamental ways.

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In this vision, men are breadwinners and women are mothers. “Without women, there are no children, and society cannot continue,” Max Primorac writes in his chapter on USAID, where he served in the first Trump administration. (Primorac calls for ridding the agency of “woke” politics and using it as an instrument of U.S. policy, but not the complete shutdown Trump has attempted.) Jonathan Berry writes that the Department of Labor, where he previously worked, would “commit to honest study of the challenges for women in the world of professional work” and seek to “understand the true causes of earnings gaps between men and women.” (This sounds a lot like research predetermined to reach an outcome backing the traditional family.) The Labor Department would produce monthly data on “the state of the American family and its economic welfare,” and the Education Department would provide student data sorted by family structure. Severino suggests that the government either pay parents (most likely mothers) to offset the cost of caring for children, or pay for in-­home care from family members; he opposes universal day care, which many on the right see as encouraging women to work rather than stay home with kids.

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Right-wing leaders have made attacks on trans people and nontraditional expressions of gender a cornerstone of right-wing politics over the past few years. They have spread disinformation about trans people and panicked over the prospect of children adopting different gender identities or names at school. What is the reason for so much fear? Transgender people make up less than 2 percent of the population, and their presence in society doesn’t evidently harm other people. Project 2025’s pro-­family orientation helps explain why the right considers them such a threat. A worldview that sees gender roles as strictly delineated and immutable cannot acknowledge the existence of trans people or anything else that contemplates an alternative to a total separation between what it means to be male and what it means to be female.

Trump has not yet made stricter abortion policies a focus in his new term. Though he has boasted about appointing Supreme Court justices who overturned Roe v. Wade, he seems wary of pushing further, for fear of political backlash. Project 2025 has no such qualms. Severino recommends withdrawing FDA approval for abortion drugs, banning their prescription via telehealth, and using 1873’s Comstock Act to prohibit their mailing. He also recommends a strong federal surveillance program over abortion at the state level. Project 2025 also calls for the return of abstinence-only education and the criminalization of pornography.

With a little imagination, we can glimpse the America that Project 2025 proposes. It is an avowedly Christian nation, but following a very specific, narrow strain of Christianity. In many ways, it resembles the 1950s. While fathers work, mothers stay at home with larger families. At school, students learn old-­fashioned values and lessons. Abortion is illegal, vaccines are voluntary, and the state is minimally involved in health care. The government is slow to police racial discrimination in all but its most blatant expressions. Trans and LGBTQ people exist—­they always have—­but are encouraged to remain closeted. It is a vision that suggests Reagan was right: Freedom ­really is a fragile thing.

During oral arguments in the Supreme Court case United States v. Skrmetti last December, Justice Amy Coney Barrett asked then-Solicitor General Elizabeth Prelogar whether there has been a history of discrimination against transgender people. The answer seemed obvious. Anti-trans discrimination is well-documented. At least for trans people, the instinctive response to Justice Barrett’s question is, “Look around.”

But what Justice Barrett was asking specifically, is whether there is a history of de jure—meaning explicit, government sanctioned—discrimination against transgender people. “At least as far as I can think of, we don't have a history of de jure, or that I know of, we don't have a history of de jure discrimination against transgender people, right?” Justice Barrett asked.

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As legal historian Kate Redburn has documented, throughout the twentieth century, local ordinances across the country threatened people who defied gender norms with prosecution and even prison sentences. Some even required people whose appearances did not match their sex assignment to wear badges visibly declaring their birth sex—a precursor to President Donald Trump’s own policy for transgender passport holders. These laws, in essence, made it a crime to be trans in public and equated trans existence with deviance in ways that legitimized decades of public and private discrimination.

Decades of criminalization harmed trans communities who were forced to the margins of society. Generations of trans elders died prematurely because of this history, which also now fuels the insidious myth that transgender people are “new.” The irony is that in order to avoid further discrimination, we must convince the Court that this discrimination occurred in the first place—and that it still occurs today. 

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Let’s say the Supreme Court decides that transgender people have not suffered a sufficiently long or sufficiently clear history of discrimination to warrant heightened scrutiny. That would set a chilling precedent for when the government decides to target a small and politically unpopular group for discrimination.

We are getting dangerously close to making it a crime to exist as a transgender person in the United States. If that does not trigger scrutiny by the courts, then what will it signal to government leaders who are looking for groups of people to blame for social, political, and economic conditions?

As Justice Sotomayor noted at the Skrmetti arguments, “When you're 1% of the population, or less, [it’s] very hard to see how the democratic process is going to protect you.” That is abundantly clear right now.

Over the past year, GPs across the UK have announced they are no longer prescribing the life-saving medical treatment for hundreds of trans patients due to a claimed “lack of expertise” and “lack of support.”

Far Lane Medical Centre – a GP in Sheffield – became the most recent to withdraw its care after writing to patients saying the work is “outside of our expertise.”

Patients of other practices that have ceased care, including a set of GPs in the East Midlands, have said they are “terrified” of the implications and have considered self-medicating if they can’t feasibly access NHS treatment.

In the UK, Gender Identity Clinics (GICs) require that GPs prescribe HRT to trans patients under a shared care agreement since most GICs in the UK do not have the power to prescribe medication.

Under the agreement, GICs or private organisations advise GPs on the prescriptions they give to patients. Without this, trans people are forced to pay hundreds for private care.

Speaking to PinkNews, clinical psychologist and director of CQC-approved private healthcare service Gender Plus, Dr Aidan Kelly, says that the impact of banning HRT prescriptions on patients isn’t being considered by GPs ceasing care, adding that there’s “no nuance to it.”

“There’s no allowing for complexities in people’s individual situations. I don’t think there’s any appreciation for that,” he said. “I don’t think it’s done, perhaps, from a malicious point of view, but I think it’s done from fear.”

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“GPs have expertise in prescribing hormones, they do it for cis people all of the time,” he says. “The only bit where I could see where there’s an argument that there is more particular expertise needed is in the initial assessment and to work out how best to support people.”

Karla Jay remembers joining the second night of street protests during the 1969 Stonewall uprising in New York City. For her, and for so many other LGBTQ+ people, something had shifted: People were angry. They didn’t want things to go back to normal — because normal meant police raids. Normal meant living underground. It meant hiding who they were at their jobs and from their families. They wanted a radical change.  

Radical change meant organizing. Jay joined a meeting with the Gay Liberation Front, which would become the incubator for the modern LGBTQ+ political movement and proliferate in chapters across the country. At those meetings, she remembers discussing what freedom could look like. Holding hands with a lover while walking down the street, without fear of getting beaten up, one person said. Another said they’d like to get married. At the time, those dreams seemed impossible.

Jay, now 78, is worried that history will repeat itself. She’s worried that LGBTQ+ people will be put in the dark again by the draconian policies of a second Trump administration. 

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“We have forgotten that the laws are written to protect property and not to protect people. They’re written to protect White men and their property, and historically, women and children were their property,” she said. “To expect justice from people who write laws to protect themselves has been a fundamental error of the lesbian, gay, bisexual, trans community.” 

Looking forward to a sun-soaked holiday in Sydney, Sonya, a transgender woman from the Philippines, instead found herself locked in an Australian detention center. What should have been a simple vacation turned into a harrowing ordeal—one that has sparked outrage over Australia’s treatment of transgender individuals and Asian migrants.

Sonya arrived in Australia in February, eager to explore the country as a tourist. But upon landing, she was immediately profiled by the Australian Border Force (ABF). Without consent, her phone was confiscated, and she was subjected to invasive questioning.

“The environment was highly uncomfortable… there was an inmate there that threw hot water on us,” Sonya recalled, detailing the abuse she faced while in detention. Worse still, she was denied a clear timeline for her deportation. Despite offering to purchase her own ticket home, she was left in limbo, with no answers and no way out.

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Villawood has long been criticized for its treatment of detainees, particularly transgender individuals. Sonya, a trans woman, was housed in a male compound, subjecting her to heightened risks of abuse and violence. Trans men, too, have been placed in female compounds, disregarding their gender identities altogether.

Adding to the distress, Sonya was denied access to her luggage and critical hormone medication, which could have had serious medical consequences. Her experience is not unique—other transgender detainees have reported being under constant surveillance, sexually harassed during pat-downs, and intimidated by officers.

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Sonya’s detention is part of a broader, deeply flawed system known as Operation Inglenook. Launched in 2022, this initiative was supposedly designed to crack down on visa fraud, human trafficking, and exploitation within the sex industry. Yet, in practice, it has overwhelmingly targeted migrants from East and Southeast Asia, including many transgender women.

Between November 2022 and August 2024, 165 people were denied immigration clearance under Operation Inglenook, the vast majority of whom were from Asian countries. The initiative has been widely criticized for racial profiling, with border officials reportedly targeting travelers based on their appearance, gender identity, and perceived profession.

“To implement these laws, border officials look out for migrants whose appearances they believe do not match their gender marker or who fit into the racist stereotype of the ‘promiscuous Asian sex worker,’” said Damien Nguyen, spokesperson for the Asian Migrant Sex Worker Advisory Group (AMSWAG).

“The government weaponizes the false idea that we are by default victims of sex trafficking to justify mass visa cancellation, torturous detainment, and overpolicing,” he added.

On 14 February, the US Department of Education’s office of civil rights issued a letter providing notice to American educational institutions, schools and universities of the department’s new interpretation of federal civil rights law. The letter lays out new conditions for institutions to receive federal funding, including in the form of student loans or scientific and medical research.

Title VI of the 1964 Civil Rights Act prohibits discrimination on the basis of race, color and national origin in federally assisted programs or activities. The education department’s “Dear Colleagues” letter redefines the central targets of Title VI to centrally include supposed discrimination against whites. The letter was followed, on 28 February, with a set of guidelines for its interpretation. The novel understanding of anti-white discrimination in these documents is a chilling manifestation of educational authoritarianism.

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The guidelines for what would count as a Title VI violation are vague. From the guidelines:

"a racially-oriented vision of social justice, or similar goals will be probative in OCR’s analysis of the facts and circumstances of an individual case."

The most straightforward way to read the letter and the guidelines is as defining “school-on-student harassment” as including Black history. The letter treats teaching large swaths of Black and Indigenous history as akin to a white professor consistently referring to all of their Black students with a terrible racial slur.

The “more extreme practices at a university” that “could create a hostile environment under Title VI” include “pressuring them to participate in protests or take certain positions on racially charged issues”. But reason, rationality and morality are sources of “pressure”. How does one distinguish the pressure placed on people by moral arguments for racially charged issues from other kinds of pressure?

The guidelines create a culture of fear and intimidation around history. If one discusses Black history, one immediately risks endorsing the view that the United States “is built upon ‘systemic and structural racism’”. The guidelines invite students to report their teachers and their school administrators for not adhering to a state-imposed ideology about history, as well as state-imposed ideology about gender, which threatens to make teaching critically about gender identity, or including trans perspectives, into school-on-student harassment. Failure to adhere to state ideologies about history and gender fits this new definition of “school-on-student harassment”. Billions in federal funding is at stake.

My partner and I found a lovely city park with a picnic area and gazebo to eat breakfast in after camping on National Forest land nearby. After a mug of coffee, I visited the public restroom. I didn’t expect a stranger to yell at me through the flimsy stall door.

“Hello? Are you a male or female?”

I was the only person using the restroom — the kids who had been in there a minute ago had left. I felt this man’s eyes on my sneakers and blue hiking pants under the stall. I was scared this harassment could escalate if I didn’t say something to diffuse the situation. I gulped and called back, “Hello?”

“Oh, you’re a female. My bad.” He sounded reassured by my quavering voice. I heard his footsteps leaving the room. My heart raced as I fumbled with toilet paper, fingers shaking. I felt nauseated.

My voice had immediately identified me as the “female” I didn’t feel myself to be — and all it took was two syllables. But my “female” voice had also saved me from further harassment. Would that man have dragged me out of the stall if I sounded “like a man” or remained quiet? Would he have looked under the stall? Would he have tried to check what was between my legs while my pants were down? Did he have any idea how much of a violation these real and imagined threats were to me?

And why was a man even in the women’s room, questioning me? Did a kid’s mother report me to her husband for looking too much like a man in the women’s room? Perhaps they were alarmed that I, with my short hair, had been in the restroom with their young kids. I felt physically ill at the troubling thought that someone would assume I would do anything harmful to children. I hadn’t said anything, made eye contact with anyone or done anything other than sit quietly in the stall in the room that matches my assigned sex at birth.

I felt bad for looking masculine to make myself more comfortable, because I didn’t want to make anyone else uncomfortable. Some part of me longed to return to my habit of looking more like a woman, but I also felt sick from not feeling right in my body. 

I can empathize with these strangers viewing me and my body as a threat because I have also viewed my body as a threat. I have been unhappy with the shape of my body, my appearance in the mirror and the tone of my voice. And to have that thrown back in my face in such a vulnerable moment — pants down, defenseless, forced by my body’s very personal needs to be in this gendered room — hit close to home.

Twenty-five years ago, trans women (those transitioning from male to female) outnumbered trans men (transitioning from female to male) two to one. Today, those seeking hormonal treatment for gender dysphoria are trending younger and are primarily trans men.

Yet, Trump’s first executive order was titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The text of the order repeatedly states its intent is to protect women from “men (who) self-identify as women and gain access to intimate single-sex spaces and activities designed for women … (which) attack women by depriving them of their dignity, safety and well-being.”

If the majority of those seeking treatment for gender dysphoria today are primarily trans men (females transitioning to males), then why do women’s spaces need protecting? Nowhere in the executive order or in any of the various state legislative efforts claiming to protect women has there been any concern expressed for protecting men’s spaces from the trans men who will be entering them.

That’s because the language around protecting women is really about asserting dominance over the bodies of individuals classified as female at birth — whether they are cisgender or transgender. It’s about keeping the female body pure, normalizing bodily oppression and perpetuating rape culture.

The language used is also rooted in racism.

There is a reason those who study the rise of Christian nationalism in America emphasize its connection with white supremacy. The language around protecting women from predatory men has an unsavory history in the United States. It isn’t that long ago that Black men in America were lynched regularly, and far too often the reason given was to protect some white woman’s body.