Transgender people have become the biggest target for right-wing scapegoating, paranoia, and legislative attacks. Bills across the country have been proposed, and many enacted, to strip trans people, particularly the youth, of their rights. But as is the case with many civil rights battles, the courts play a huge role in this concocted culture war. However, there have been mixed results, which are undoubtedly causing increased anxiety for the transgender community and its allies.
One of the states facing legal battles is Missouri. Recently, St. Louis Circuit Court Judge Steven Ohmer ruled that the state’s ban on gender-affirming care could go into effect. Missouri’s new law makes it illegal for healthcare professionals to provide gender-affirming surgeries to children, keeps Medicaid from covering gender-affirming treatments, and blocks surgeries for trans prisoners. Any medical professional who continues this care could lose their license.
At a press conference condemning the ban, Kansas City Mayor Quinton Lucas spoke some harsh truths. He stated, “We cannot be a safe haven in those situations,” regarding instances where licenses could be revoked and providers could face criminal penalties. But Lucas did reassure people that “safety net” providers under contract with the city would not participate in care that marginalizes trans individuals. Kansas is working with Missouri to help provide for those in need. In April, Kansas Governor Laura Kelly vetoed four anti-trans bills, allowing Kansas to remain a refuge for those seeking care.
Tennessee is another state where the battle for transgender rights is unfortunately taking place. According to the ACLU, a hearing took place on September 1, 2023, over the injunction of a Tennessee law that bans gender-affirming care for trans youth. LGBTQ advocates are hoping that the Sixth Circuit Court of Appeals will uphold the lower court’s injunction. Chase Strangio, who is the deputy director for transgender justice for the ACLU’s LGBTQ & HIV Project, laid out why this is a horrible development.
He stated, “Transgender youth and their families are having their well-being threatened, their lives uprooted, and their rights under the Constitution trampled by bans that, as all evidence shows, endanger the young people they claim to protect.” This is a key point. Conservatives have been parading around the country talking about protecting kids while enacting legislation that could cause irreparable harm to trans youth and their families. He went on to say how the majority of courts have found that these kinds of laws unjustifiably discriminate. Civil rights have long been determined by the courts. So many of the biggest victories for human rights have been due to the judicial system.
While courts may ultimately rule in favor of LGBTQ people in some circumstances, the journey through these processes can be agonizing. Another example of this is happening in Texas. Recently, a judge blocked the state’s ban on gender-affirming care, but the Texas attorney general’s office paused that decision. The (all-Republican) Texas Supreme Court then lifted the injunction, allowing the ban to go into effect, providing no written reason for their ruling.
Like Missouri, Texas’ law will seek to revoke the licenses of physicians who continue practicing this kind of healthcare and will also stop access to care for adolescents who are already receiving treatment. I want to paint a clear picture of how scary this must be. These laws have horrific effects, not just on the trans community, but on the wider medical community that supports them. Doctors, therapists, and everyone else who provides gender-affirming care are having their lives and careers upended. People dedicate years, some even decades, to specializing in certain fields. This could see medical practitioners fleeing from areas that are already lacking in medical care.
Have Conservatives even thought about this? Probably not. We have already seen how the GOP never seems to think through their rhetoric and the reality of the laws that they tyrannically impose. Look at what has been happening with reproductive rights. They are trying to uproot people’s lives and create unnecessary burdens, all because some people just feel that it isn’t right.
While medical professionals are undoubtedly in the thick of the chaos, those most negatively impacted are still trans youth, some of the most marginalized people in this country. How will these bans affect their physical, mental, and emotional health? This all seems very risky with no clear options in place except for transgender individuals to relocate to another state that doesn’t have such discriminatory laws.
According to Mother Jones, the anxiety is justified by hardcore numbers and facts. Right now, over a third of trans youth (between the ages of 13 to 17) live in states that have passed bans on gender-affirming care. And Republicans show no signs of stopping: The first three months of 2023 saw more bills introduced to attack trans people than the last six years combined. This vitriolic attack on trans rights is deeply horrific and shows no signs of abating anytime soon.
(featured image: AlxeyPnferov/Getty Images)
