Unmasking Discrimination: Confronting Anti-Trans Legislation and Its Consequences, Part 1
This is Part 1 of a two-part series examining the current state of trans rights and how it impacts our work and society at large.
In a troubling turn of events, a wave of fear-based legislation is sweeping across the United States, targeting and endangering the rights of the transgender community. As an initiative focused on people who have been historically excluded from the tech industry and from access to power and influence in society at large, trans rights are of critical importance to our work and our belief in how society should work and function.
This surge of discriminatory laws not only marginalizes an already vulnerable community but poses a significant threat to social justice and the progress made toward social equity more broadly. For example, lawmakers in states like South Dakota, Florida, South Carolina, Colorado, Oklahoma, and Missouri, have attempted to criminalize gender-affirming medical care for trans youth, and in some cases, they’ve succeeded. As an intersectional and ecosystem-centric initiative, we know that if people don’t have their basic needs met — like access to housing, health and safety — there is no reason to even consider the gaps in opportunity in the tech industry.
These laws perpetuate harmful stereotypes, fuel intolerance, and undermine the safety, freedom, and very existence of transgender people. The ramifications of this legislative hostility extend beyond legal constraints, leading to higher rates of mental health issues, unemployment, homelessness, and violence. The economic sphere is also marred by discrimination, with transgender individuals facing disproportionate unemployment rates and economic instability.
Despite the consequences, we’ll see that legislators across the country feel increasingly emboldened to enact laws that restrict access to vital healthcare services, strip parental rights, and infringe on the personal liberties of trans people, particularly trans children. At the same time, positive and protective bills have passed in states like Oregon, offering some hope for the rights of trans kids in those states and paving the way for the affirmation and protection of the rights and wellbeing of trans youth across the country.
As we work towards achieving gender equity in the tech industry and beyond, it’s time for us to examine the far-reaching implications of anti-trans legislation and to underscore the urgency of advocating for the rights of transgender people in every aspect of their lives.
The Legislative Assault Targeting Trans Youth
The landscape for LGBTQIA+ rights has become increasingly hostile, and a record number of discriminatory bills have been advanced in state legislatures. There were 549 anti-trans bills introduced across 49 states in 2023. Of these, 73 have already passed, with 63 signed into law. This is a stark increase from 2022 when only 26 of 174 proposed bills were passed. And it’s no coincidence that these bills have coincided with increased attacks on transgender youth.
At least 19 states have introduced bills criminalizing gender-affirming care. Oklahoma’s SB129, for example, threatens felony charges for healthcare professionals who knowingly provide gender transition procedures to anyone under 18 (which they revised after getting pushback for trying to ban care for anyone under 26).
Meanwhile, Arizona’s SB1001 allows guardians and teachers to override a student’s pronouns unless written permission from the student’s parent is received, and HB1700 encourages parents to report and ban books in schools that validate concepts of gender fluidity or pronoun usage.
In other words, this unprecedented wave of legislation not only seeks to block transgender people from receiving basic healthcare and legal recognition but denies them the right to exist publicly.
But there’s good news. A June 2023 ruling by U.S. District Judge James Moody Jr. struck down Arkansas’ ban of gender-affirming treatments for those under 18, noting that it discriminates against trans young people and violates the Constitutional rights of doctors. This decision also calls into question similar bans in 19 other states, which can now be challenged. Indiana’s transition ban was also recently put on hold by a federal judge.
Attempts to Erode Trans Identities
Despite the recent rulings, we can no doubt expect more national anti-trans legislation to surface in 2023. The “Women’s Bill of Rights” aims to erase trans recognition by the federal government, defining sex assigned at birth as an “immutable” definition of man or woman, boy or girl. The “My Child, My Choice Act” would impose educational restrictions similar to those in individual states.
In an unprecedented move, “drag bans” have been proposed in states like Arizona, targeting gender non-conforming performances. These bans could affect libraries hosting story hours, musicals, or acting troupes performing Shakespeare.
Against the flurry of regressive bills, one piece of legislation has distinguished itself through its alarming severity. Passed by the state senate in March 2023, Tennessee’s SB1440 effectively attempts to define transgender people out of the law, posing severe risks to their safety, dignity, and identity. It denies the legitimacy of transgender identities by defining sex, gender, and related terms strictly based on assigned sex at birth and neglecting or negating lived experiences of transgender people.
This surge in anti-trans legislation marks the fourth consecutive record-breaking year for such legislation in the U.S., revealing a worrying trend of mounting hostility toward transgender people particularly youth.
Efforts to limit or erase the rights of transgender people not only infringe on their ability to live openly and authentically but also contribute to a societal environment that increasingly stigmatizes and marginalizes them.
Oregon’s Trailblazing Bill Safeguarding Transgender Youth
While the wave of recent legislation is disturbing, there are beacons of hope from some legislative leaders. In March 2023, Oregon passed HB2002, a comprehensive bill to protect and advance the rights of individuals seeking abortion and gender-affirming care.
Democrats drafted the bill in response to the Supreme Court’s decision in the summer of 2022 overturning Roe vs. Wade and Republican-led initiatives in other states attempting to restrict access to gender-affirming care for youth. Oregon already has some of the most robust protections for LGBTQ+ civil liberties, so the bill aims to build on these foundations to protect patient privacy, close insurance coverage gaps, and expand access to services across the state.
HB2002 includes provisions that mandate Medicaid and private insurers to cover more procedures related to gender-affirming care. It would also safeguard healthcare providers who offer gender-affirming care from legal repercussions.
One key aspect of the bill that drew significant attention was the extension of care Medicaid and private insurance would need to cover, including procedures such as laser hair removal and facial feminization surgery. To address the lack of providers in rural regions of the state, the bill even proposed creating a pilot project for two mobile health clinics to deliver abortion, gender-affirming care, and other reproductive health services.
The legislation also protects patients from potential harassment or harm, criminalizing attempts to block access to healthcare facilities and interfering with their operations through noise or disruptive phone calls.
Despite objections and attempts to delay the vote, the bill passed the Oregon House by a vote of 36–23. It has now moved to the Oregon Senate, where Democrats also have a significant majority over Republicans. The outcome of this legislative action highlights Oregon’s progressive stance on reproductive and LGBTQIA+ rights and may serve as a blueprint for similar initiatives in other states.
The Ramifications of Discriminatory Legislation on Healthcare Access
Public discussions on transgender rights often focus on the challenges faced by transgender youth, but states are also trying to limit access to gender-affirming care for adults. These individuals grapple with access to vital healthcare services, the potential loss of child custody due to their gender identity, and the impact of restrictive legislation like Florida’s HB1521. In 27 states, there are no laws providing LGBTQIA+ inclusive insurance protections, and several states explicitly exclude gender-affirming care from state employee health benefits or Medicaid programs. It’s crucial to address these barriers and advocate for inclusive policies that prioritize the healthcare needs of transgender individuals across all age groups.
The recently introduced bill in Texas, SB1029, is particularly alarming as it seeks to ban nearly all gender-affirming care, including for trans adults. If enacted, it would have severe consequences on their access to essential healthcare services. Similar legislation in Florida, such as SB254, has threatened up to 80% of gender-affirming care for trans adults, leading to canceled appointments and reduced availability of providers. (The Arkansas ruling has no effect on other states, but it does set a precedent for challenges.)
The impact of this discriminatory legislation cannot be understated. Data shows that access to gender-affirming care, including hormone therapy and gender-affirming surgery, is crucial for alleviating gender dysphoria, reducing mental health issues, and decreasing suicidal ideation. Denying or limiting access to these treatments not only infringes on the autonomy of trans adults but also puts their wellbeing and lives at risk.
Gender Identity, Parenthood, and Custody Battles
Trans adults also frequently grapple with intersectional issues surrounding gender identity and parenthood, particularly during custody battles. Transgender parents often encounter unfounded arguments in custody disputes asserting that their transition somehow threatens their children, leading to unjust restrictions or denial of custody or visitation rights.
And in cases where parents disagree on gender affirmation for their child, custody battles raise complex legal and ethical questions about the rights of parents to make decisions regarding their child’s gender-affirming care. Legislation like SB 254 in Florida even allows courts to remove a child from a parent’s care if they are believed to be facilitating or “subjecting” a child to gender affirming treatments or surgeries. The bill categorizes these procedures as “serious physical harm,” potentially discouraging parents from supporting their transgender children with the medical care they need.
Bathroom Bans and Bad Biology
In addition to healthcare access and custody battles, Florida’s HB1521 (packaged into the “Let Kids Be Kids” legislation recently signed by Governor DeSantis) has sparked concerns regarding the broader restrictions and discrimination faced by trans adults.
This law bars access to gender-inclusive bathrooms and changing areas in private companies, health centers, educational institutions, public shelters, and correctional facilities. Such actions amplify the alienation and discrimination faced by transgender individuals in Florida while masquerading as a measure for “Ensuring Women’s Safety.”
Of course, Florida is not the only state trying their hand at a discriminatory bathroom bill. North Carolina’s notorious “bathroom bill,” HB2 (enforced in 2017 and terminated in 2020 after costing the state billions in business revenue), mandated that people use public restrooms corresponding to their sex assigned at birth rather than their affirmed gender identity. This law exemplifies the flawed approach of equating biological sex with gender identity.
Policies like this perpetuate harmful stereotypes and create hostile environments that impede the full participation and integration of trans adults in society. It is crucial to recognize the devastating consequences of these laws and policies on trans adults.
Othering in Modern America: The Dehumanizing Effect of Fear-Based Legislation on Trans Individuals
When laws target or discriminate against transgender people, it fosters an environment that legitimizes and exacerbates transphobia. This legislation is typically based on misconceptions and fears rather than facts. Still, it has the power to reinforce stereotypes, spread misinformation, and cast transgender people as undeserving of the same rights and protections as everyone else.
This fear-driven legislative environment not only legally sanctions discrimination against transgender individuals but also indirectly promotes societal bias and stigmatization, contributing to a harmful process of dehumanization and effectively “othering” these individuals.
“Othering” is a socio-psychological process through which groups differentiate and distance themselves, creating groups of “us” and “them.” This often leads to the marginalization and devaluation of the “othered” group.
When applied to transgender individuals, “othering” helps to perpetuate discrimination and inequality, undermining the rights and wellbeing of these individuals. Societal “othering” can also manifest through microaggressions, exclusionary practices, and discriminatory policies to foster a hostile environment for transgender people.
Florida’s SB254: Prohibition of Youth Care and Its Implications for Trans Adults
Senate Bill 254 in Florida presents a stark example of the legislative “othering” of transgender individuals. The bill limits access to transgender healthcare by prohibiting health insurance companies affiliated with government entities from covering gender-affirming treatments. It also prevents medical facilities from offering such procedures or prescriptions to those under 18.
This bill affects not only transgender youth but also poses significant implications for transgender adults thanks to a last-minute amendment that bars health insurance providers from paying for any gender-affirming treatment, regardless of the patient’s age. The financial burden will interrupt the care of many trans adults who cannot pay for treatment out-of-pocket.
Safeguarding the Health and Safety of Trans People
These issues underscore the urgent need for education and policy reform to safeguard the rights and wellbeing of transgender people and to create a more inclusive and accepting society. But exploring the realities and human costs of discriminatory legislation is just the first step.
These laws not only infringe upon the rights and freedoms of transgender people but also perpetuate harmful stereotypes and contribute to a culture of exclusion and marginalization. It is essential that we stand together in solidarity, advocating for policy reform, educating others, and challenging the misconceptions and biases that underpin these discriminatory laws. But that requires working collectively to create a more inclusive and accepting society and continue the fight for transgender equality.
As we navigate the challenges posed by fear-based laws, we must also amplify the voices of the oppressed, challenge stereotypes, and promote empathy. Those are the topics we’ll cover in Part 2 of this series, along with providing actionable steps for effective advocacy.
