Trans rights

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.

On Friday, President Donald Trump signed an executive order drastically limiting public service workers’ ability to obtain student loan forgiveness. Under the Public Service Loan Forgiveness (PSLF) program, workers at government agencies and 501(c)(3) nonprofits are eligible for loan forgiveness after 10 years of service. But Trump's order threatens to strip that benefit—specifically targeting employees at organizations that support transgender rights or diversity initiatives. If enforced, the order could have sweeping consequences, cutting off loan relief for workers at countless nonprofits, civil rights organizations, hospitals, and schools across the country.

“The prior administration abused the PSLF Program through a waiver process, using taxpayer funds to pay off loans for employees still years away from the statutorily required number of payments. Moreover, instead of alleviating worker shortages in necessary occupations, the PSLF Program has misdirected tax dollars into activist organizations that not only fail to serve the public interest, but actually harm our national security and American values, sometimes through criminal means,” says the order.

Organizations that would be barred from the order include what the order calls “subsidization of illegal activities, including illegal immigration, human smuggling, child trafficking, pervasive damage to public property, and disruption of the public order, which threaten the security and stability of the United States.” Further down in the order, this includes organizations that support “child abuse, including the chemical and surgical castration or mutilation of children or the trafficking of children to so-called transgender sanctuary States for purposes of emancipation from their lawful parents, in violation of applicable law” as well as organizations that are “engaging in a pattern of aiding and abetting illegal discrimination.”

Both of these are common administration euphemisms for supporting transgender people and diversity, equity, and inclusion (DEI) initiatives.

Peter is co-host of the If Books Could Kill podcast, which I highly recommend.

 The percentage of Republican men who believe that women should return to their traditional roles in society has jumped from 28 to 48%. Among Republican women, the increase is from 23 to 37%. This has happened in the span of two years. As alarming as this is, it’s important to ask yourself: what do you think happened here? Do you think that Republican voters, organically and of their own volition, drastically shifted their fundamental perceptions of women’s role in society? Of course not. They are being influenced by messaging from conservative elites, who themselves are radicalizing on issues of race and gender.

This dynamic is often obvious. YouGov polling shows Republican support for higher tariffs at 51%, with just 5% supporting lower tariffs. A year ago those numbers were 38 and 20%, respectively. Again, what happened? Did they all read the same economics textbook? Or did they follow the lead of Donald Trump, who made higher tariffs a central campaign issue?

Democrats tend to miss this. When Kamala Harris lost, several prominent Democrats said the party had strayed too far from the public on trans issues. Gavin Newsom, speaking on his new podcast to his guest Charlie Kirk (Jesus Christ) repeated the talking point just this week. But just a few years ago the savvy political wisdom was that Republican anti-trans efforts had overstepped, alienating voters. Republicans, though, weren’t cowed by public opinion. Rather than retreat, they went on the offensive, seeking to reshape the public debate. And they did, leveraging inflection points like women’s sports to galvanize their base and push liberals into a defensive posture.

If you’re a political party, your goal is not just to know where voters stand, but to know how to move them. Instead, Democratic operatives seem content to reduce their platform to a focus-grouped ephemera, drifting whichever way the political winds blow it. 

I don't know about this. Treating people with respect ought not depend on identifying some anatomical feature. Situating that feature in the brain does not make it any better.

For those who question the slogan “Trans Women are Women,” the science provides a compelling answer. Gender identity is deeply rooted in brain development, and transgender women have been shown to possess brain structures that align more closely with cisgender women than cisgender men. The term “woman” is not just about chromosomes or reproductive capacity; it is a social and neurological identity shaped by a complex interplay of biology, psychology, and lived experience.

When TERFs or gender-critical individuals ask, “What is a woman?” the most accurate response is, “A woman is someone who identifies and experiences themselves as a woman, and this identity is supported by both social and biological science. Brain studies show that transgender women have neurological patterns that differ from cisgender men and align more closely with cisgender women. To reduce womanhood to mere reproductive function ignores the complexity of human identity and the science behind gender.”