The following weekly digest is written and compiled by the Trans Formations Project, a grassroots nonprofit dedicated to tracking and educating about the anti-trans legislative crisis currently sweeping the United States. You can follow their work and latest updates via Twitter, Instagram, TikTok, Tumblr, and Facebook.
Hello readers. It’s Friday, September 13, 2024.
As a reminder, legislative sessions are different for each state — and you can keep track of your state’s legislative session here.
Editorial Feature
The Presidential Debate
While the TFP Editorial team may discuss the merits of proposed legislation, we do not endorse political candidates. The information provided in this article is intended to inform readers about the range of political options available to them.
This week, on Tuesday, September 10, Americans spectated as former President Donald Trump and sitting Vice President Kamala Harris debated one another for the first time. Neither candidate addressed anti-trans legislation explicitly, focusing instead on other hot-button topics: immigration, the economy, abortion, and election security, among others. Despite a noted lack of explicit discussion on trans rights, both Trump and Harris spoke indirectly about issues that impact the LGBTQIA+ community.
In this editorial column, we’ll take an in-depth look at some of the statements made in Tuesday’s debate. What follows will focus on LGBTQIA+ topics. If you’d like to hear about other important policies discussed in the debate, we encourage you to either watch a recording or read an official transcript.
1. Project 2025
Trump and Harris exchanged a number of jabs over Project 2025, The Heritage Foundation’s extensive policy plan for a right-wing American government. Harris first referred to the Project as a “detailed and dangerous plan . . . that the former president plans on implementing if he were elected again.” Trump denied this immediately, refusing any association with Project 2025. He went on to claim that the Project contained some good ideas and some bad ones, but remained firm in distancing himself from the controversial policy plan. “I haven’t read it,” Trump stated during the debate. “I don’t want to read it, purposely. I’m not going to read it.”
While it is true that Trump himself did not develop any policies for Project 2025, several former members of the Trump Administration collaborated on the Project. It is probable that a second Trump term would see the implementation of at least some anti-trans, anti-LGBTQIA+ policies outlined in Project 2025. Read our coverage of those policies here.
2. Transgender aliens??
The word “transgender” was only used once in the debate, by either party. In the midst of an alarmist rant about crime and immigration, Trump issued the outlandish claim that “[Harris] wants to do transgender operations on illegal aliens that are in prison.” He further asserted, “This is a radical left liberal that would do this.” Vice President Harris did not acknowledge this point at all.
3. Harris' Republican endorsements
In a push to draw bipartisan support, Harris boasted about her Republican endorsements: “I actually have the endorsement of 200 Republicans who have formally worked with President Bush, Mitt Romney, and John McCain including the endorsement of former Vice President Dick Cheney and Congressmember Liz Cheney.”
The choice to name-drop Liz Cheney as a supporter rings slightly odd. While Cheney did apologize in 2021 for her prior opposition to same-sex marriage, critics felt that her continued anti-LGBTQIA+ policy decisions contradicted her remorseful words.
Liz Cheney voted against the 2021 Equality Act, which would have prohibited discrimination on the basis of sex, sexuality, and gender orientation in many different areas of life. The U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County prohibits discrimination against LGBTQIA+ people in employment, but only in employment—not in education, housing, or public accommodations/facilities.
4. Viktor Orbán
Trump mentioned Viktor Orbán by name as one of his supporters abroad. According to Trump, Orbán — the infamously anti-LGBTQIA+ leader of Hungary—is a “tough” and “smart” person, a “strong man.” Attempting to counter Harris’ assertion that foreign leaders find him ridiculous, Trump ‘quoted’ Orbán: “He said the most respected person is Donald Trump. We had no problems when Trump was president.”
5. Bodily autonomy
Pro-choice abortion advocates and trans rights advocates in America share common concerns about bodily autonomy—the freedom to make one’s own medical decisions, without interference from the government. While Harris and Trump did not discuss bodily autonomy in the context of trans rights, they did discuss autonomy in the context of abortion.
Harris again brought up Project 2025, which she claimed includes a “national abortion ban.” She continued: “Understand in his Project 2025 there would be . . . a monitor that would be monitoring your pregnancies, your miscarriages. I think the American people believe that certain freedoms, in particular the freedom to make decisions about one's own body, should not be made by the government.”
Trump denied being in favor of a national abortion ban, deflecting moderator questions about whether or not he would veto such a ban if it came across his desk. “There’s no reason to sign a ban, because we’ve gotten what everybody wanted. Democrats, Republicans, and . . . every legal scholar wanted it to be brought back to the states. And the states are voting.” Trump’s stance on bodily autonomy, it seems, is to let the individual states decide.
Whether or not either candidate’s position on pregnant people’s bodily autonomy extends to trans people, remains to be seen.
Green Party candidate Dr. Jill Stein responded to the Trump/Harris debate after it aired. You can watch her response here. Read the Green, Democratic, and Republican party platforms on trans rights, linked here.
The Things We Won!
On Tuesday, September 20, Advocates for Trans Equality (A4TE) filed a class-action lawsuit against Aetna on behalf of three trans women. The insurance company reportedly denied these women coverage for gender-affirming facial reconstruction procedures. Under Aetna’s current policy, facial reconstruction surgeries are considered “cosmetic” and therefore not medically necessary for trans patients. Cisgender patients, however, have received coverage from the company for similar surgeries.
In addition to A4TE, the three plaintiffs in this case will be represented by Wardenski P.C. and Cohen Milstein Sellers & Toll PLLC. These lawyers argue that Aetna violated the Affordable Care Act (ACA) by discriminating against their transgender clients on the basis of sex.
On Monday, September 9, the Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to suspend enforcement of AZ SB1165, a trans sports ban. This decision is the result of a lawsuit filed on behalf of two transgender girls, Kate and Megan Doe. While the case is still ongoing, the current Attorney General of Arizona, Kris Mayes, has declined to defend the law in court.
On Thursday, September 12, the Tenth Circuit Court of Appeals ruled 2-1 to uphold CO HB1129, which bans conversion therapy in the state of Colorado. Colorado Springs licensed counselor Kaley Chiles brought the lawsuit, claiming that the decision to ban talk therapy that includes conversion therapy practices violates her free speech rights. A lower court ruled that HB1129 regulates professional conduct rather than speech—a key argument also considered by the appellate court. The American Psychological Association (APA) has officially opposed conversion therapy since 2021.
On Wednesday, September 11, Delaware State Senator Sarah McBride won the Democratic primary race for Senate. If she wins against her Republican opponent in November, McBride will become the first transgender woman elected to Congress. She will run against Republican nominee John Swanson.
On Tuesday, September 10, U.S. Federal Judge Landya McCafferty of the District Court of New Hampshire issued an injunction against NH HB1205, partially blocking its enforcement. The controversial law, signed by Governor Sununu on July 19, requires transgender students in grades 5-12 to play on sports teams consistent with their sex assigned at birth. Tuesday’s ruling applies only to the two transgender student athletes named in the lawsuit: Iris Turmelle, age 14, and Parker Tirrell, age 15.
This week, Judge Michael Sachs of the San Bernardino Superior Court in California permanently halted the Chino Valley Unified School District’s “parental notification” policy. This policy required school officials to “[notify] parents that their children are going by different pronouns or names at school, or accessing gender-segregated school facilities or activities for a sex other than what appears on their birth certificate.” The school district also requires that officials notify parents of any changes to their children’s official or unofficial records. This policy was not included in Judge Sachs’ ruling.
In March of this year, Chino Valley changed its “parental notification” policy, removing the requirements regarding names, pronouns, and facility usage. This earlier change renders Judge Sachs’ decision somewhat redundant. Nevertheless, the Liberty Justice Center, which represented the district in this case, has already stated that it plans to appeal Judge Sachs’ decision.
What the Heck Else Happened This Week?
In late 2023, Ohio passed OH HB68—both a gender-affirming care ban for minors and a transgender sports ban. This Wednesday, September 11, a three-judge panel on the Ohio Tenth District Court of Appeals agreed to hear a challenge to HB68. The plaintiffs in the case are two adolescent transgender girls, referred to as Madeline Moe and Grace Goe, and their families.
The lawsuit challenges HB68 on two grounds: 1) that the law violates Ohio’s single-subject rule for legislation because it covers two very different issues, and 2) that HB68 violates Ohio’s anti-ACA healthcare freedom constitutional amendment, which states that “No federal, state, or local law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system.“
In support of HB68, Ohio Attorney General Dave Yost asserted that the “Ohio Constitution has no textual or historical support for a deeply rooted right to change sex or gender or to assist in procuring experimental medical interventions to that end.” Proponents of the law in Ohio, including Attorney General Yost, have doubled down on talking points used to defend gender-affirming care bans in other states. Yost argues that the state of Ohio has the right to determine what constitutes “legitimate healthcare,” as well as a duty to protect transgender youth from what he calls “experimental medical treatments.”
New Bill Introductions
PA HB2421 was introduced on June 20 and sent to the House Health Committee. This bill would ban gender-affirming care for minors in the state and result in forced detransitions.
Mental Health Resources
We know that staying up-to-date with anti-trans legislation may be distressing to our readers. If you or someone you know needs support, here are a few affirming resources that you can reach out to:
- If you need support or are in crisis, you can contact the Trans Lifeline hotline at (877) 565-8860.
- The Trans Lifeline is run by trans people, for trans people, and does not engage in non-consensual active rescue, meaning they will not call law enforcement without your consent.
- You can connect with a Trevor Project crisis counselor via phone 1 (866) 488-7386, chat, or text (Text ‘START’ to 678-678).
- Note: This resource could utilize non-consensual active rescue, including law enforcement, 911, and first responders.
- You can call the LGBT National Hotline at (888) 843-4564 or connect with a peer via chat.
- The LGBT National Help Center will NOT call other suicide hotlines, law enforcement, 911, or rescue services.
- BlackLine is a BIPOC LGBTQ+ support line, run by BIPOC folks, for BIPOC folks. This resource does not involve law enforcement or state agencies. You can call 1 (800) 604-5841 to chat with a peer.
- For folks under 25, you can call the LGBT National Youth Talkline at (800) 246-7743.
- The LGBT National Help Center will NOT call other suicide hotlines, law enforcement, 911, or rescue services.
- Adults (folks 18+) can text the THRIVE Lifeline, which is trans-led and operated. Text "THRIVE" to (313) 662-8209 to begin your conversation.
- THRIVE Lifeline does NOT call emergency services for people who are at risk of harming themselves without their consent.
Get the best of what’s queer. Sign up for Them’s weekly newsletter here.
