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Anti-trans attacks are designed to keep us all politically reactive, overwhelmed, and unfocused on the deep systemic failures of our society.
Across the country, trans and nonbinary people and their families are reeling from U.S. President Donald Trump’s cruel anti-trans executive orders, which restrict our access to passports, lifesaving healthcare, military service, athletics, and more.
This builds off an election season that placed us squarely in the crosshairs of political and religious scapegoating.
In 2024 alone, 672 anti-trans bills were introduced at the state and federal level, most of them targeting trans and nonbinary young people. Although more than 600 of those bills failed, President Trump just signed an executive order carrying out many of their worst impulses.
Today, both in the United States and in many parts of the world, trans and nonbinary people—a tiny, frequently poor, and marginalized percentage of the general population—are being used as scapegoats, as symbolic threats to the “right” way of being.
Trump’s order directs multiple agencies to withhold funds from medical providers that provide gender-affirming medical treatments to children. Despite legal challenges to the order, several major hospital systems have indefinitely suspended this care already.
These assaults on trans and nonbinary people closely parallel the strategy that Christian Nationalists used in politicizing abortion access—an issue that had been previously considered apolitical by the majority of Americans, including the majority of American Christians.
Now the eerily similar argument of “defending innocent children” is being deployed against gender-affirming care, despite overwhelming medical and psychological evidence that this care saves young people’s lives.
Denying this care is about repressively controlling young people, not protecting them.
Throughout history, the unjust and powerful have sought to control people’s bodies as a means to maintain their own social position. This often led to “othering” people who could be isolated, marginalized, and blamed for any variety of injustices, while drawing attention away from those who were actually responsible for widespread misery. It’s a practice that goes all the way back to ancient Rome.
Today, both in the United States and in many parts of the world, trans and nonbinary people—a tiny, frequently poor, and marginalized percentage of the general population—are being used as scapegoats, as symbolic threats to the “right” way of being.
There is nothing innate or organic about the rise of anti-LGBTQ hate in the United States. As illustrated through the research of Translash Media, organizations like the National Christian Foundation, the DeVos Family, and the Council for National Policy have been instrumental in the funding, development, and workshopping of anti-trans and anti-queer sentiment, policy, and theology.
Fundamentalist Protestant organizations such as Focus on the Family, the Family Policy Alliance, and the Family Research Council have been key in launching the anti-trans movement within the last decade, including drafting the first anti-trans legislation at the Heritage Foundation’s “Summit on Protecting Children from Sexualization” conference in 2019.
These constant attacks are aimed at getting struggling people to blame trans folks for their problems. And they’re designed to keep us all politically reactive, overwhelmed, and unfocused on the deep systemic failures of our society.
But trans and nonbinary people know all too well what it’s like to struggle. Indeed, being poor and being trans are frequently inseparable experiences: Trans and nonbinary people are twice as likely to be unemployed, twice as likely to be homeless, and four times as likely to live in extreme poverty than the general population.
So we are allies in the struggle against hardship, not rivals. Similarly, we see our struggles as trans people as linked to the fights for reproductive justice, fair wages, safe working conditions, housing, and immigration justice—and against sexual violence, militarism, and police brutality.
In short, we support every other struggle for people just trying to live safely in their own bodies.
While the real dangers and strain of this moment cannot be underestimated, we must continue to examine and effectively address the root causes of our suffering—and find our common cause with all other hurting and dispossessed people.
"It's really not about the bathrooms. It's about demonizing and frightening people," said one Ohio lawmaker.
Pro-LGBTQ+ voices panned an Ohio bill signed by Republican Gov. Mike DeWine Wednesday that will bar transgender students in public and private Ohio schools from using "multi-occupancy facility"—bathrooms, as well as locker rooms, changing room, or shower rooms—that match their gender identity.
"We made it clear to Gov. DeWine and Ohio legislators that S.B. 104 does nothing to make trans students safer in schools, and in fact makes life more dangerous for trans kids in Ohio," said Equality Ohio executive director Dwayne Steward in a statement.
"We are deeply disappointed that Gov.DeWine has allowed this dangerous bill to become law that puts vulnerable trans youth at risk for abuse and harassment. Equality Ohio will continue to stand in solidarity with our transgender communities and their families, and we will always fight for fairness in Ohio," Steward added.
The ACLU of Ohio said on social media that "transgender people are part of the fabric of Ohio; our families, our workplaces, and our neighborhoods. We remain steadfast in our commitment to the LGBTQ+ community and are closely considering next steps."
In a statement published after the legislation passed in the Ohio Senate, Jocelyn Rosnick, policy director for the ACLU of Ohio, said that "this bill ignores the material reality that transgender people endure higher rates of sexual violence and assaults, particularly while using public restrooms, than people who are not transgender."
According to Mother Jones, Ohio Senate Minority Leader Nickie Antonio (D-23), the first openly LGBTQ+ person elected to the Ohio Legislature, said during a floor debate on the bill: "It's really not about the bathrooms. It's about demonizing and frightening people."
The law applies to K-12 and higher education institutions and schools are not allowed to offer gender-neutral multi-stall facilities; however, the bill doesn't prevent schools from establishing "a policy providing accommodation such as single-occupancy facilities or controlled use of faculty facilities at the request of a student due to special circumstances."
But Mallory Golski, civic engagement and advocacy manager at the queer youth support organization Kaleidoscope Youth Center, expressed skepticism that providing access through single-occupancy facilities would really help gender expansive students in an interview with Mother Jones. "I just don't foresee a scenario in which schools that are already historically underfunded are going to be able to drop everything and build new bathrooms," she said. "It's just not possible."
The signing of the anti-trans legislation Wednesday runs counter to a move by DeWine last year. The governor chose to veto a bill that blocked gender-affirming care for trans youth and prevented transgender athletes from playing women's sports (lawmakers later overrode his veto).
Ohio is one of 14 states that have implemented some sort of restriction on transgender people's use of bathroom or facilities consistent with their gender identity, according to the think tank the Movement Advancement Project. Some of those states also have restrictions in place on some government buildings.
The recently signed bill in Ohio comes days after Republican Congresswoman Nancy Mace of South Carolina introduced a resolution seeking to prevent trans women employees and members of the House of Representatives from using the women's bathrooms at the U.S. Capitol. Though Mace did not initially name any member of Congress specifically, she later admitted the measure was "absolutely" aimed at incoming Democratic Rep. Sarah McBride of Delaware, the first openly trans person elected to Congress.
"As Floridians we will be stuck with him until 2026, so continue to hold him accountable and demand better for Florida," one state representative said.
Florida Governor Ron DeSantis announced on Sunday that he was suspending his presidential campaign ahead of Tuesday's New Hampshire primary and endorsing former President Donald Trump.
DeSantis broke the news in a video posted on social media nearly a week after he finished 30 percentage points behind Trump in the Iowa caucuses.
"Ron DeSantis, a man who built his entire campaign on attacking and demonizing already marginalized communities, has finally suspended his failing Presidential campaign," Florida Representative Anna V. Eskamani, a Democrat, posted on social media in response to the news. "As Floridians we will be stuck with him until 2026, so continue to hold him accountable and demand better for Florida."
"Ron DeSantis should be forced to carry his Presidential campaign to term."
In his video, DeSantis explained his decision.
"If there was anything I could do to produce a favorable outcome—more campaign stops, more interviews—I would do it," he said. "But I can't ask our supporters to volunteer their time and donate their resources if we don't have a clear path to victory. Accordingly, I am today suspending my campaign."
In responding to the news, activists and journalists highlighted DeSantis' far-right record on reproductive justice and LGBTQ+ rights. As Florida governor, he signed laws nearly banning abortion and prohibiting educators from discussing sexual orientation and gender identity with their K-12 students.
"Ron DeSantis should be forced to carry his Presidential campaign to term," Melanie D'Arrigo, the executive director of the Campaign for New York Health, posted on social medial.
Independent LGBTQ+ journalist Erin Reed wrote that DeSantis "is one of the most vile anti-LGBTQ+ politicians of the modern era. If he had his way, trans people would be eradicated from the Earth and queer people would have to go back into hiding."
"The end of his campaign is a moment we can all be thankful for," Reed said.
Equality California posted that the "real loss" of DeSantis' career was "the years of unnecessary struggles he imposed on LGBTQ+ youth."
"Their courage outshines his ambition," the advocacy group said.
DeSantis' departure sets up the rest of the Republican primary to be a contest between Trump and former United Nations Ambassador Nikki Haley.
"I want to say to Ron, he ran a great race. He's been a good governor, and we wish him well," Haley said in response to the news. "Having said that, it's now one fella and one lady left."
In his message, DeSantis chose to endorse Trump, despite the fact that pro-Trump super PAC MAGA Inc. funded more than $10-million worth of attacks against him before he even announced his presidential bid, as NBC News reported.
"It's clear to me that a majority of Republican primary voters want to give Donald Trump another chance," DeSantis said, adding that "we can't go back to the old Republican guard of yesteryear, a repackaged form of warmed-over corporatism that Nikki Haley represents."
Toward the end of his announcement, DeSantis repeated a quote he attributed to former British Prime Minister Winston Churchill: "Success is not final, failure is not fatal: It is the courage to continue that counts."
However, the International Churchill Society includes this quote on a list of quotations misattributed to Churchill, as journalist Dominic Pino pointed out.
The society listed the quote DeSantis used next to another about success and failure.
"We can find no attribution for either one of these, and you will find that they are broadly attributed to Winston Churchill," the society wrote. "They are found nowhere in his canon, however. An almost equal number of sources found online credit these sayings to Abraham Lincoln—but we have found none that provides any attribution in the Lincoln Archives."
We can get the time and democratic space to build progressive clout for structural change if we can block MAGA in 2024.
The following is a slightly edited version of a presentation made to a forum sponsored by the San Francisco Gray Panthers on July 18, 2023. The presentation covered three points: (1) the nature of the threat from the “Make America Great Again” (MAGA) bloc; (2) the key elements of MAGA’s strategy to take power and impose authoritarian rule and a white Christian Nationalist agenda; and (3) a summary of the “Block and Build” strategy to defeat MAGA and shift the direction of the country.
The front page headline on the July 17 New York Times was, “Trump and Allies Forge Plans to Increase Presidential Power in 2025.” The article underneath contained extensive quotes from former President Donald Trump’s political team about their plans to bring every federal agency directly under president’s control if Trump wins in 2024. The Justice Department will become his political police, the EPA will become a tool of the fossil fuel industry, NLRB will become a union-busting weapon, and so on. Trump will claim the right to “impound funds” Congress has authorized, meaning Trump could unilaterally cut Medicare and Social Security.
A Republican presidential and congressional victory in 2024 would also bring a national abortion ban and national right to work law; more tax cuts for the rich; an eliminationist program for transgender people; Jim Crow 2.0; and a combination of McCarthyism and COINTELPRO for the left.
Trump’s 2016 victory was the product of 50 years of organizing driven by two of the most deeply rooted forces in U.S. society: a wing of the capitalist class rooted in the fossil fuel industry and libertarian billionaires like the Koch brothers, and the layers of people of many classes who are wedded to ordering society with clear racial and gender hierarchies.
The drive for that agenda is not new. It is the latest phase of the 60-year backlash against the gains of 1960s and the 1930s that began within hours of passage of the Voting Rights Act in 1965. Trump’s 2016 victory was the product of 50 years of organizing driven by two of the most deeply rooted forces in U.S. society: a wing of the capitalist class rooted in the fossil fuel industry and libertarian billionaires like the Koch brothers, and the layers of people of many classes who are wedded to ordering society with clear racial and gender hierarchies.
An outpouring of resistance by the larger but fragmented and less-well-organized anti-MAGA majority prevented MAGA from achieving its goals via the 2018, 2020, and 2022 elections. This has produced a kind of stalemate between the MAGA and anti-MAGA blocs. The drama being played out today centers on whether MAGA will succeed in gaining full federal power in 2024; and, if they are beaten back, what will be the character of the anti-MAGA governing coalition.
MAGA has already gotten dangerously far in its quest for unlimited power. It has captured the Republican Party and the Supreme Court. It holds trifectas (the governorship and legislative majorities) in 22 states. It is lavishly financed, has an organized political base in the white Evangelical Churches, and has a powerful narrative that appeals to white grievance and provides a deep sense of meaning and empowerment to those who accept it. MAGA has an unmatched propaganda and disinformation apparatus in Fox News and other right-wing media. Its loyalists are active within the armed bodies of the state at all levels. And it has incorporated openly white supremacist and fascist militias into its coalition to serve as modern day brownshirts.
All this was the product of decades of work guided by a sophisticated strategy. MAGA operatives studied the rise of fascism in Germany and Italy and knew that the fascists first came to power by legal and constitutional means. Once they had it, they used it to eliminate all opposition.
MAGA’s goal is to use disinformation, voter suppression, and gerrymandering—concentrating on battleground states and swing districts—to win full control of the federal government in 2024.
MAGA strategists then developed a strategy to take and retrain power adapted to the particular constitution and electoral system of the U.S. This country has no constitutional protection of the right to vote or of each person’s vote counting equally. The Voting Rights Act addressed that deep flaw, but it was not part of the Constitution itself and right-wing strategists knew it could be overturned to allow massive voter suppression and gerrymandering. There is no constitutional ban on money unduly influencing elections. The Electoral College and Senate system is racially biased in favor of small, mostly white states.
The right, via organizations like the Federalist Society, played the long game. After decades of organizing, they managed to gut campaign finance restrictions and the Voting Rights Act. We can see the results in states like Wisconsin and North Carolina, which are about evenly divided between MAGA and anti-MAGA voters, but gerrymandering gives the Republicans control of the legislatures. States like Texas and Florida are already implementing key elements of the authoritarian agenda; they are accurately termed “laboratories for fascism.”
MAGA’s goal is to use disinformation, voter suppression, and gerrymandering—concentrating on battleground states and swing districts—to win full control of the federal government in 2024.
The U.S. majority opposes the MAGA agenda. When it’s clear MAGA is on the ballot, MAGA candidates lose.
But the majority is not sufficiently organized and united. And within the anti-MAGA majority, progressives are not yet the largest and most influential force. There are promising developments in labor and youth-led movements around climate change, mass incarceration, and gun violence, as well as massive anti-MAGA energy among women and in the LGBTQ community. But it will take time and deep organizing to turn this sentiment into enough durable, institutionalized progressive clout to shape the full agenda of the anti-MAGA coalition and the country.
We can get the time and democratic space to build that clout of we can block MAGA in 2024. MAGA hopes to take power through electoral action, and we cannot afford to cede that terrain to the authoritarian GOP. We need to defeat MAGA candidates up and down the line and protect the result. If we do so while building the independent strength of grassroots progressive groups and functioning as the most resolute opponents of MAGA on every battlefront, we can move the country toward a robust multiracial, gender-inclusive democracy and deep structural change.
“More than 75 anti-LGBTQ+ bills have been signed into law this year alone, more than doubling last year’s number, which was previously the worst year on record,” the Human Rights Campaign said.
The modern struggle for equality for lesbian, gay, bisexual, and transsexual people has been waged for over a century. Despite significant gains, the work is sadly far from over as Pride Month begins. Just as massive plumes of sun-dimming smoke from wildfires now raging north of the border billow over the eastern half of the United States, darkening the sky and driving people indoors, so too has an epidemic of discrimination and hate targeting traditionally marginalized LGBTQ+ communities swept the land, unleashed by demagogues, cynical politicians, and bigots. State and local governments from coast to coast are passing repressive bills, banning books, and criminalizing people.
The rash of laws, often accompanied by intimidation and acts of violence, has prompted the Human Rights Campaign, the nation’s largest LGBTQ+ civil rights organization, to announce:
“We have officially declared a state of emergency for LGBTQ+ people in the United States for the first time following an unprecedented and dangerous spike in anti-LGBTQ+ legislative assaults sweeping state houses this year. More than 75 anti-LGBTQ+ bills have been signed into law this year alone, more than doubling last year’s number, which was previously the worst year on record.”
Human Rights Campaign (HRC) President Kelley Robinson explained on the Democracy Now! news hour:
“In this moment, when people are traveling across the country, when they’re deciding to move or what schools to go to, we had a responsibility to let people know that, one, there’s an imminent health and safety crisis facing our community, and, two, there’s a dizzying patchwork of protections for us and for our families depending on the state that you’re in.”
HRC tracks these anti-LGBTQ+ bills. Over 520 of them have been introduced so far this year, and 75 have already been signed into law, with broad impacts: criminalizing the provision of gender-affirming health care for youth, prohibiting the teaching of LGBTQ-related topics, barring transgender people from using a gender-appropriate bathroom, banning books, and more.
“A loud and vocal minority… is sowing hate and fear against our community because they’re not willing to solve the real problems,” Robinson added. “If they actually cared about the safety of our kids, they would be moving forward legislation to prevent gun violence, the number one killer of our children.”
The legislative assault is occurring in parallel with the 2024 Republican presidential primary season. Florida Governor Ron DeSantis has championed several oppressive laws targeting the LGBTQ+ community, including the school curriculum ban known as the “Don’t Say Gay” law, and banning gender affirming care for minors. Others in the increasingly crowded Republican field are following suit.
“A loud and vocal minority… is sowing hate and fear against our community because they’re not willing to solve the real problems.”
Former South Carolina Governor and presidential hopeful Nikki Haley suggested opposing trans rights was a feminist issue.
“The idea that we have biological boys playing in girls’ sports, it is the women’s issue of our time,” Haley said at a recent CNN town hall. “How are we supposed to get our girls used to the fact that biological boys are in their locker rooms?”
Robinson responded on Democracy Now!, “This is political theater. They are doing this to pander to a MAGA Republican base in so many of these states… Seventy percent of Americans support the LGBTQ+ community and believe that legislatures should be standing with our values. One in five of Generation Z identifies as a member of this community, 20 million American adults. This is not an issue of the margins.”
The evangelical Christian movement has long been at the forefront attacking the LGBTQ+ community. Major televangelists like Pat Robertson, who died this week at the age of 93, and groups like Focus on the Family and the Alliance to Defend Freedom have stoked intolerance and repression not only here at home, but around the world.
Uganda is now on the front lines of this U.S.-based push to criminalize homosexuality. In May, Ugandan President Yoweri Museveni signed an anti-LGBTQ law that makes same-sex relationships punishable by life in prison or, in some cases, death. Many LGBTQ Ugandans have gone into hiding or have fled the country.
“The homophobia and transphobia we are seeing towards queer and trans persons in Uganda is from the West. It is mostly peddled by extreme American evangelicals,” Ugandan LGBTQ activist Frank Mugisha said on Democracy Now! He fears similar laws will follow in neighboring countries like Tanzania and Kenya.
Human Rights Campaign’s state of emergency declaration is unprecedented, but is not simply a warning. Their statement ends with a call to action, one which everyone, whether LGBTQ+ or not, should heed this Pride month and beyond:
“Our community is in danger, but we won’t stop fighting back—not now, not ever.”
"Today's ruling is a powerful affirmation of the humanity of transgender people, the efficacy of well-established, science-based medical care, and of the rights of parents to make informed healthcare decisions for their children."
In a rebuke to Florida's Republican-controlled Legislature and its far-right governor and 2024 presidential candidate, Ron DeSantis, a federal judge on Tuesday temporarily blocked the enforcement of certain anti-trans rules recently adopted by state medical boards as well as specific provisions in Senate Bill 254, a new state law that criminalizes gender-affirming healthcare.
U.S. District Judge Robert Hinkle's 44-page ruling prevents Florida from applying its ban on gender-affirming care for trans youth to three children whose parents are plaintiffs in an ongoing lawsuit against the state.
Hinkle argued that Florida's moves to prohibit doctors from providing and minors from receiving so-called "puberty blockers" and other hormonal treatments constitute "purposeful discrimination" against transgender people and are likely to be found unconstitutional.
"Nothing could have motivated this remarkable intrusion into parental prerogatives other than opposition to transgender status itself," wrote Hinkle, an appointee of former President Bill Clinton. "The statute and the rules were an exercise in politics, not good medicine. This is a politically fraught area. There has long been, and still is, substantial bigotry directed at transgender individuals."
"Common experience confirms this, as does a Florida legislator's remarkable reference to transgender witnesses at a committee hearing as 'mutants' and 'demons,'" Hinkle continued, referring to disparaging comments made in April by state Rep. Webster Barnaby (R-29).
Hinkle added that the families who joined the emergency motion for a restraining order and preliminary injunction would suffer "irreparable harm" if their adolescents were denied access to "medically necessary" care consistent with the guidance of every major medical organization in the United States.
"My husband and I have been heartbroken and worried sick about not being able to care for our daughter in the way we know she needs," one of the plaintiffs, who is identified as Jane Doe and has a daughter named Susan, said in response to the ruling. "Today my entire family is breathing a huge sigh of relief knowing we can now access the treatment that we know will keep Susan healthy and allow her to continue being the happy, confident child she has been."
The civil rights groups representing the plaintiffs said that "today's ruling is a powerful affirmation of the humanity of transgender people, the efficacy of well-established, science-based medical care, and of the rights of parents to make informed healthcare decisions for their children."
"The court recognized the profound harm the state of Florida is causing by forcing parents to watch their kids suffer rather than provide them with safe and effective care that will allow them to thrive," the groups continued. "We are incredibly relieved that these Florida parents can continue to get healthcare for their children while we proceed to challenge these bans and eventually see them fully overturned."
As Politico reported, "The preliminary injunction does not apply to other minors who may wish to obtain treatment, but the ruling suggests that a key part of the law itself could get knocked down as the legal challenge proceeds."
Florida's boards of Medicine and Osteopathic Medicine adopted rules prohibiting doctors from offering gender-affirming care to trans youth in March. That ban was codified into state law when DeSantis signed S.B. 254 on May 17, one week before announcing his bid for the GOP's presidential nomination.
But S.B. 254 goes much further than formalizing the state medical boards' discriminatory rules. Among other things, it empowers Florida officials to take trans children away from their parents if they receive gender-affirming care. In addition to authorizing kidnapping, the law limits the ability of trans adults to start or continue receiving gender-affirming care and threatens to put doctors who violate the new restrictions behind bars.
S.B. 254 is one of several anti-trans laws that Florida Republicans and DeSantis have approved this year. Progressive advocacy groups issued a travel advisory for the state in April.
It is also one of 70 anti-trans laws enacted nationwide during the current legislative session. More than 525 bills attacking LGBTQ+ individuals, including over 220 that target trans people, have been introduced across the U.S. in recent months.
Before Hinkle issued his ruling on Tuesday, the Human Rights Campaign (HRC), one of the groups representing Florida parents, took the unprecedented step of declaring a "state of emergency" for LGBTQ+ people in the U.S.
Regarding the narrowly focused ruling, HRC and the other groups said it indicates that "the plaintiff parents are likely to succeed in their claims that S.B. 254 and the boards of medicine rules unconstitutionally strip them of the right to make informed decisions about their children's medical treatment and violate the equal protection rights of transgender youth by denying them medically necessary, doctor-recommended healthcare."
The groups added that "the challenge to the boards of medicine and S.B. 254 healthcare bans is likely to proceed quickly to trial."
Most Indigenous peoples recognize multiple gender identities that are believed to be the result of supernatural intervention.
Montana’s Republican Gov. Greg Gianforte became the latest to sign several new anti-transgender laws, including one that will prevent gender-affirming medical care for minors.
One thing these new laws do not take into account is that the 12 federally recognized tribes in Montana have historically recognized multiple gender identities, including transgender identities. Most Indigenous peoples recognize multiple gender identities that are believed to be the result of supernatural intervention.
In this regard, Montana state Rep. Donavon Hawk, a Democrat from Butte who is Crow and Lakota, said, “It surprises me that this country is only a couple hundred years old, and we are not able to function with LGBTQ people in our communities.” Indigenous communities have incorporated LGBTQ+ peoples within their societies for centuries.
“It surprises me that this country is only a couple hundred years old, and we are not able to function with LGBTQ people in our communities.”
As an Indigenous scholar who studies the history and religion of Indigenous peoples, I am troubled by how these new anti-transgender laws might affect religious expression and the rights of Indigenous communities, not just in Montana but across the nation.
Indigenous peoples have been in North America for at least 30,000 years. As their societies developed over time, hundreds of different ethnicities, languages, religious practices, gender expressions, and identities emerged.
Transgender individuals, an umbrella term for individuals whose gender identity is not linked to the sex they were assigned at birth, have existed throughout history, including within Indigenous communities.
I learned from my maternal grandparents about Blackfeet religion and history. The Blackfeet acknowledged and accepted individual gender expression and identity because it was granted by the divine. Personal gender identity was rarely questioned, because it was tantamount to questioning the divine.
I first learned about Blackfeet ideas about transgender individuals as a young person from hearing oral history stories about famous Blackfeet religious leaders, warriors, and adventurers who were transgender. They were viewed as having a direct connection to the divine. People often sought out these individuals for blessings, prayer, or spiritual guidance.
Indeed, anthropologists and historians have studied Blackfeet gender expression and learned that the Blackfeet recognized multiple gender identities, including what is defined today in Western societies as transgender.
The modern-day term that many Indigenous peoples in North America have begun to use as an umbrella term to describe the multiple gender identities within Indigenous communities is Two-Spirit. That includes transgender people.
In many Indigenous communities, as the Indian Health Service notes, Two-Spirit identity is believed to come from the divine in visions or dreams and Two-Spirit people often “filled special religious roles as healers, shamans and ceremonial leaders.”
Even though the term Two-Spirit does not encompass the wide variety of gender identities across Indigenous communities, many people embrace its use as a way to revitalize Indigenous traditions.
Sadly, transphobia does exist within contemporary Native American communities. And anti-transgender violence is part of the life experience of Two-Spirit people. Some scholars argue this is because of the long history of colonialism and cultural genocide that forced the Western-defined gender binary and patriarchy on Indigenous communities.
Montana’s recent legislative session passed several anti-transgender laws, including one that allows health care providers to refuse patients based on conscience, prohibits drag story hours, and defines biological sex as only male or female, in addition to preventing gender-affirming medical care for minors.
Worried about how this last law will affect Montana’s children, the Montana Chapter of the American Academy of Pediatrics stated that “taking away this care will, without a doubt, harm kids.”
Montana is not alone in its efforts to introduce and pass anti-transgender legislation. The nationwide civil rights group Human Rights Campaign states that in 2023 alone, more than 450 anti-LGBTQ+ bills have been introduced in state legislatures.
Investigative journalist Nora Mabie wrote in an article in May 2023 that Indigenous peoples and Native American tribes were being left out of this decision-making process as a result of racism, discrimination, and partisanship in the Montana Legislature.
By ignoring the long Indigenous histories of integrating multiple gender identities consecrated by the divine, legislatures are bound to cause both individual suffering and the diminishing of Indigenous peoples’ rights to practice their own religions.
There were only 26 transphobic bills in 2018, but 174 in 2022. This is not a coincidence.
More than 500 anti-transgender bills were filed at both the state and federal levels in 2023. While most of them target transgender youth and their families, others place limits on the entire transgender community’s access to public life.
The bills include bans on medical care and insurance coverage, participation in sports, using bathrooms, as well as measures that update gender markers on government-issued identification and require teachers and counselors to out transgender students. There have also been bans on performing or dressing in drag so broad that they will arguably deter transgender people from going out in public altogether.
Many bills even ban states from recognizing transgender people as a class—a clear attempt to reduce them to rational basis scrutiny or below in court cases. This means that virtually any excuse the government can come up with is sufficient to legally discriminate against transgender people and overcome the protections afforded by the Equal Protection Clause of the Fourteenth Amendment.
At the Family Research Council’s 2017 Values Voter Summit, Meg Kilgannon of Concerned Parents and Educators of Fairfax County, Virginia, laid out a strategy for attacking LGBTQ+ rights by going after transgender people first: “The LGBT alliance is actually fragile, and the trans activists need the gay rights movement to help legitimize them,” Kilgannon said.
The number of anti-trans bills has surged compared with past years. There were only 26 transphobic bills in 2018, but 174 in 2022. This is not a coincidence. Rather, it is a coordinated campaign by religious conservatives and Republican legislators to turn transgender people into a wedge issue for the 2024 election, in much the same way that same-sex marriage was a wedge issue in 2004. This strategy has been in the works for nearly a decade.
In 2014, religious conservatives realized they were losing the battle over same-sex marriage and looked for a new target to attack. They picked the Houston Equal Rights Ordinance (HERO), a newly passed anti-discrimination law, and their fight against it became a template for creating a new, successful wedge issue. They rallied the base against transgender people in “women’s spaces,” and HERO was defeated in 2015. Right-wing legal groups such as the Alliance Defending Freedom and the Heritage Foundation helped fund fake feminist organizations, such as the Women’s Liberation Front (WoLF), to lend a veneer of legitimacy to their claims of representing women, lesbians, and feminists.
In 2016, North Carolina legislators passed a law to prohibit transgender people from using bathrooms that aligned with their gender identity. This sparked a national outcry and resulted in boycotts and other corporate actions that would have cost the state an estimated $3.76 billion in lost revenue. Republican Governor Pat McCrory later attributed his loss in the 2016 election to the disastrous rollout of this law. Its failure made conservatives step back and reassess how best to target the transgender community for political gain.
At the Family Research Council’s 2017 Values Voter Summit, Meg Kilgannon of Concerned Parents and Educators of Fairfax County, Virginia, laid out a strategy for attacking LGBTQ+ rights by going after transgender people first: “The LGBT alliance is actually fragile, and the trans activists need the gay rights movement to help legitimize them,” Kilgannon said. “Gender identity on its own is just a bridge too far. If we separate the ‘T’ from the alphabet soup, we’ll have more success,” Kilgannon advised conservatives to do three things: Target health care for children first; avoid religious arguments; and avoid name-calling transgender people.
Also in 2017, then President Donald Trump announced via Twitter plans to ban transgender people from serving in the military, which he followed through on two years later. (President Joe Biden overturned the ban shortly after taking office, in January 2021.)
In 2019, the first bans on health care for trans youth popped up. Recently leaked emails detailed how religiously motivated conservative legislators worked with the Alliance Defending Freedom, WoLF, the Heritage Foundation, disgruntled “ex-transgender” individuals, and a network of anti-LGBTQ+ health care providers and so-called conversion therapists to introduce the bans. They coordinated with one another in constructing traveling dog-and-pony shows composed of fake experts and outraged parents who rejected their children’s identities and favored the bans.
By 2021, conservative media and political action committees like the American Principles Project PAC had targeted transgender athletes as the place to start with legislation. Over the course of three weeks in early 2022, Fox News ran 170 negative segments about transgender people. Most of these supported Florida’s “Don’t Say Gay” law and attacked collegiate swimmer Lia Thomas.
Today, twenty-one states have passed bans on transgender students from participating in sports consistent with their gender identity, despite the rarity of transgender athletes and a lack of truth about their supposed dominance in their respective sports. (Thomas won a single event at nationals; she would have placed third in that same event the previous year, and her times are nowhere near good enough to make her competitive against Olympic-level swimmers, even in her best event.)
The demise of Roe v. Wade in 2022 opened up new legal strategies to limit bodily autonomy and access to health care for transgender people, especially transgender youth. Conservative media increasingly used hyperbolic language to describe health care for trans youth as “mutilation,” “lobotomies,” and even the equivalent of Nazi experiments by Josef Mengele. Every major medical organization supports access to this care, and just like abortion, it is being banned in most states with conservative legislatures.
Today, 17 states have already banned or restricted access to best-practice care by transgender youth, and more are likely to pass such legislation this session.
Mainstream conservatives are no longer hiding their desire to eliminate “transgenderism.”
These bans go beyond forbidding surgical and other types of care for transgender youth. Some bills aim to prevent even social transition (by using clothing, hair, or makeup, for example). Others prohibit therapists from doing anything to affirm their clients’ gender identities, effectively mandating only so-called conversion therapy. Another group of bills would prohibit school officials from using a student’s preferred name and pronouns, even if supported by their parents.
More dangerous are the bills requiring all mandatory reporters, such as teachers, to tell parents if their child may be transgender. For youth living in unsupportive homes, forced outing can lead to homelessness, injury, or even death.
Other states have targeted care for trans adults. Tennessee tried to pass a law banning the state from doing business with any insurance companies that provide transgender health coverage anywhere in the United States. The goal of this is to force insurance companies nationally to stop offering packages that include transition-related health care coverage. Florida’s Board of Medicine tried to bring in changes requiring doctors to provide false information to transgender patients, and introduce a waiting period for adults to start hormone treatment. These proposed regulations closely resemble the restrictions placed on abortion providers leading up to the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision that overturned Roe last year.
These legal efforts against transgender youth target their parents as well. Republican Governor Greg Abbott of Texas instructed the state’s Department of Family and Protective Services (DFPS) to investigate supportive parents of transgender youth for abuse, leading to a wave of DFPS resignations. Florida is considering granting legal immunity to unsupportive family members who kidnap transgender children from other states and bring them to Florida. This same bill could strip supportive parents of custody, and require the state to remove children from the custody of supportive parents. Simultaneously, laws like “Don’t Say Gay” in Florida are stripping both schools and public libraries of books and funding.
Another significant target of anti-transgender legislation focuses on drag performances, fueled by the manufactured moral panic over popular drag story hours for children. These bills broadly label any sort of performance or entertainment by anyone wearing clothes, hair, or makeup traditionally associated with the opposite of their assigned sex as “adult cabaret performances.” These proposed bans are so broad that they could technically define a symphony with a transgender third clarinet as adults-only entertainment. Transgender people would be forbidden from doing anything in public that might be considered entertainment (such as playing chess in the park with someone watching). Fortunately, courts have so far found these bills to be overly vague and an unconstitutional burden on freedom of speech and expression.
Popular conservative rhetoric has steadily amplified its demonization of trans people, abandoning Kilgannon’s principle regarding name-calling. Right-wing political commentator Michael Knowles, of The Daily Wire, recently declared at the 2023 Conservative Political Action Conference that “for the good of society... transgenderism must be eradicated from public life entirely.” Also this year, fellow Daily Wire host Matt Walsh testified to Tennessee lawmakers against healthcare for trans youth. Walsh once tweeted that, “I believe that gender ideology is one of the greatest evils in human history.” Former Fox News host Tucker Carlson speaks about transgender people in apocalyptic terms, calling them a threat to the “perpetuation of the species.” More broadly, the right has increasingly accused drag performers and transgender people of being “groomers” and “pedophiles.”
This deterioration of legal protections, fueled by such hateful rhetoric, has led transgender people—and their parents—to flee conservative states targeting trans people, regardless of their financial stability. Blue states like California and Minnesota are proposing and passing “sanctuary” bills that mirror abortion sanctuary laws—setting up a divisive Constitutional battle similar to that unfolding over abortion and access to the abortion pill mifepristone.
Mainstream conservatives are no longer hiding their desire to eliminate “transgenderism.” Conservative lawmakers in red states have made this their top legislative priority, and the courts cannot always be relied on to intervene. Some trans people fear that in the long term even blue states won’t remain safe, and they’re preparing to flee the country.
"If Gov. DeSantis signs this bill, he will be disrespecting the United States Constitution as well as the rule of law, not to mention transgender Floridians, their families, and their medical care providers," warned one advocate.
Florida Republicans on Thursday approved a draconian bill that, among other things, would enable the state to take trans children away from their parents if they are receiving gender-affirming healthcare, even though such care is consistent with the guidance of every major medical organization in the United States.
In addition to trying to authorize kidnapping, Senate Bill 254 also seeks to limit the ability of trans adults to start or continue receiving gender-affirming care and threatens to put doctors who violate the new restrictions behind bars.
The legislation—condemned by civil rights advocates as the Criminalizing Gender-Affirming Care Bill—passed the state Senate in a 26-13 vote and the House by a margin of 83-28. It now heads to the desk of far-right Gov. Ron DeSantis. The presumptive candidate for the GOP's 2024 presidential nomination has previously voiced support for the measure and is expected to sign it into law, upon which it would take immediate effect.
"S.B. 254 is extraordinarily dangerous and extreme in a year full of extreme, discriminatory legislation."
Seven Florida parents who are currently challenging state boards of Medicine and Osteopathic Medicine rules prohibiting gender-affirming care for their children and other trans youth plan to ask a federal court to block provisions in S.B. 254 that would codify the existing boards' bans and create additional barriers for families with trans children.
They are represented by Southern Legal Counsel, GLBTQ Legal Advocates & Defenders (GLAD), the National Center for Lesbian Rights, and the Human Rights Campaign (HRC). The groups issued a joint statement denouncing Florida for "doubl[ing] down on denying science, intruding on family privacy and parental decision-making, and trampling on the rights and well-being of transgender adolescents."
"The bill passed by the Legislature today interferes even further with families, deliberately provoking conflict by inviting challenges to established custody orders. This exacerbates the state of emergency for parents who are already being forced to watch their kids suffer rather than get them the effective healthcare they need and that will allow them to thrive," says the statement. "We will take swift action to ask the federal court to block the ban on access to essential healthcare in S.B. 254, as well as the boards of medicine bans, to stop further harm to transgender youth and their families while the plaintiffs' case continues."
Similar bans on gender-affirming care for trans youth have been blocked by federal judges in Alabama, Arkansas, and Missouri.
Under S.B. 254, the state could take custody of a child who "has been subjected to or is threatened with being subjected to" gender-affirming care such as hormone replacement therapy and puberty blockers.
As The New Republic reported:
Florida courts could modify custody agreements from a different state if the minor is likely to receive gender-affirming care in that second state. The text refers to gender-affirming care as "sex-reassignment prescriptions or procedures" and qualifies this care as a form of "physical harm."
Medical facilities would have to give the state Department of Health a signed attestation that they neither provide gender-affirming care to any patients under the age of 18 nor refer people to providers that do. Their medical license renewal is contingent upon sending in this attestation.
[...]
Minors who have already begun transitioning will be allowed to continue to do so, but they are no longer allowed to receive care via telehealth, including for prescriptions. Their doctors have to tell them about the "risks" of gender-affirming care, and patients will have to sign an informed consent form, which the ACLU has pointed out often contains misinformation. Doctors who violate any of these new rules could be charged with a felony.
Equality Florida, the state's largest LGBTQ+ rights group, noted that "while much of the bill proponents' rhetoric focused on transgender youth, multiple bill provisions impact consenting transgender adults."
As the organization explained, "The bill bans government entities from offering them gender-affirming healthcare insurance, restricts their ability to access telehealth for care in the way nearly all other healthcare can be delivered, and denies their ability to receive care from highly trained nurses that provide a large portion of the gender-affirming care in the state." Anyone who violates these provisions could face misdemeanor charges.
As repressive as S.B. 254 is, opponents successfully narrowed the bill from the "much more extreme" House companion filed by state Rep. Randy Fine (R-33), the group pointed out. "Provisions previously approved by the House majority would have banned private health insurance providers from covering care for transgender adults and barred transgender Floridians from updating the gender on their birth certificates. The bill as passed also allows certain transgender youth already receiving gender-affirming treatments to continue doing so, whereas the House provisions would have terminated all care by the end of the year."
Equality Florida public policy director Jon Harris Maurer said that S.B. 254 "painfully shows Gov. DeSantis' 'Florida freedom' farce."
"It's an assault on medical freedom and the freedom to parent," Maurer lamented. "After weaponizing the state's Medicaid agency and Board of Medicine against the transgender community, the governor's surrogates have now rammed through legislation to override parental decision-making, jail Florida doctors following best practices, and force adults to jump through government hoops to access their daily medication. This crusade is about political aspirations, but it has real-world consequences for Florida families."
Maurer's critical assessment was echoed by Cathryn Oakley, HRC's state legislative director and senior counsel.
"S.B. 254 is extraordinarily dangerous and extreme in a year full of extreme, discriminatory legislation," said Oakley. "This bill doesn't even pretend to be responsible public policy—instead, it attacks the ability of people of all ages to access medically necessary healthcare simply because those people are transgender; it prevents parents from being able to access best-practice, potentially lifesaving healthcare supported by the entire American medical establishment on behalf of their children; it prevents healthcare providers from delivering best-practice medical care; and it even threatens to overturn out-of-state custody determinations."
"This bill doesn't even pretend to be responsible public policy—instead, it attacks the ability of people of all ages to access medically necessary healthcare."
Oakley warned that "if Gov. DeSantis signs this bill, he will be disrespecting the United States Constitution as well as the rule of law, not to mention transgender Floridians, their families, and their medical care providers."
"Many families are making plans to leave the state to protect their children and get them the care they need to stay alive," she added. "The Human Rights Campaign is committed to doing everything in our power to fight back against these discriminatory bills and give LGBTQ+ children the futures they deserve."
S.B. 254, The New Republic observed, is "one of the cruelest" anti-trans bills yet passed in the country. "State Republicans have openly admitted they 'hate' LGBTQ people and are comfortable with 'erasing' the community from existence."
Equality Florida urged people to call DeSantis' office at 850-717-9337 to assert that "hate has no place" in the state.
As the organization noted, "S.B. 254's passage comes amidst an unprecedented barrage of anti-LGBTQ, anti-freedom bills in the final week of the 2023 legislative session," all of which DeSantis is expected to sign into law. It elaborated:
On Tuesday, the Legislature passed S.B. 1580, known as the License to Discriminate in Healthcare bill, which creates a broad license for healthcare providers and insurance companies to refuse services based on a "religious, moral, or ethical belief." Despite fears from LGBTQ advocates that this could open the door for discrimination in healthcare services, the bill passed on a party-line vote.
On Wednesday, three bills on the Slate of Hate were sent to the governor. H.B. 1069, the Don't Say LGBTQ Expansion Bill... extends last year's censorship of classroom discussion of sexual orientation and gender identity now up to eighth grade and overrides a parent's right to ensure that school personnel address their transgender child with the correct title and pronouns. The bill also dramatically accelerates book-banning efforts in Florida, allowing any person in a county to automatically remove a book from school shelves pending a lengthy review on the grounds of certain objections. The Legislature then passed H.B. 1521, the Anti-Transgender Bathroom Ban, that imposes new restrictions mandating that bathroom use be separated by sex assigned at birth in schools, universities, public stadiums, regional convention centers, airports, and all government buildings. And finally, H.B. 999, which included language banning public funding for LGBTQ-inclusive diversity and inclusion programs in our state colleges and universities.
Florida's hateful offensive is part of a broader nationwide attack carried out by Republican lawmakers and officials. The GOP claims to be "protecting children," but in reality, it is criminalizing LGBTQ+ people of all ages, putting them at increased risk of violence and self-harm.
HRC said it is opposing more than 520 anti-LGBTQ+ bills introduced in statehouses across the country so far in 2023. According to the group, "More than 220 of those bills would specifically restrict the rights of transgender people, the highest number of bills targeting transgender people in a single year to date."
HRC is currently tracking:
"In a coordinated push led by national anti-LGBTQ+ groups, which deployed vintage discriminatory tropes, politicians in statehouses across the country introduced 315 discriminatory anti-LGBTQ+ bills in 2022," HRC noted. "Despite this, fewer than 10% of these efforts [29] succeeded. The majority of the discriminatory bills—149 bills—targeted the transgender and nonbinary community, with the majority targeting children... By the end of the 2022 legislative session, a record 17 bills attacking transgender and nonbinary children passed into law."
"Support for LGBTQ+ rights is on the rise in Florida and nationwide," the group pointed out, citing recent survey data showing that 80% of Florida residents back anti-discrimination protections and 66% oppose refusal of service on religious groups. According to the same poll conducted by the Public Religion Research Institute, roughly 80% of U.S. adults favor laws that would protect LGBTQ+ people against discrimination in jobs, housing, and public accommodations, up from 71% in 2015.
On some differences and on the similarities.
[T]wo equally convenient solutions; both dispense with the necessity of reflection. —Jules Henri Poincaré
Republican governors and legislators would be the first to tell you that what they are doing is not the same as what the Nazis were doing in the 1930s. When the Nazis came to power in 1933 and during the first six years of Hitler’s dictatorship, more than 400 decrees were promulgated that restricted all aspects of public and private Jewish lives in Nazi Germany.
The United States is not Nazi Germany. Select Republican governors and legislatures are not doing anything that vaguely resembles what the Nazis did to control the personal lives of their citizens. Of course, some states have passed laws that could confuse someone trying to distinguish legislation enacted by the Nazis targeting Jews and legislation in the United States targeting those with different sexual orientation from the legislators enacting the laws in the United States.
In Ohio, legislation has been passed that bans gender-affirming care for youth who have gender dysphoria and bans Ohio residents from going to another state for abortions. In Montana, a law was just signed that bans transgender care for minors and prohibits transitional hormone treatments and surgeries for transgender people under the age of 18. Idaho has just passed a law that criminalizes gender-affirming health care for youth who have gender dysphoria and bans puberty blockers and hormones for people under age 18. Since the first of the year more than a dozen states have passed legislation affecting the medical rights of their citizens. There are other areas in which apparent similarities are in fact not similarities.
The Nazis banned all Jews from their legislatures. Nothing like that has happened in the United States. In fact, as of this writing only two state legislatures have banned members. In Tennessee, legislators voted to expel two of their black members. (A third person who participated in the offensive conduct was not expelled. She was white.) Republican members of the Tennessee legislature were quick to explain that the legislators who were expelled were expelled because of their breach of decorum on the floor of the legislature and not because of the color of their skin or their sexual preferences. Breach of decorum in Tennessee is an offense almost as serious as being Jewish in Nazi Germany. One of the Republicans who voted to expel his two black colleagues said the two had acted with “disrespect” and showed “no remorse” for their actions. He said they had conducted a “mutiny.”
In Montana, Democratic lawmaker Zooey Zephyr is a transgender member of the Montana House of Representatives. Zooey was banned from attending or speaking during floor sessions of the House and will only be allowed to vote remotely during the last days of the session. That is because she spoke out against a bill passed by her colleagues that bans gender-affirming care. She is a transgender member of the legislature that can longer fully participate on behalf of her constituents. The Germans never expelled Jews from their legislatures. Of course, Jews were not admitted to their legislatures in the first place.
As anyone who has read a book knows, the contents of a book can have a profound effect on the reader. The only way to avoid that result is to keep books from readers. Nazis dealt with the problem posed by books containing content deemed inappropriate by those in control very differently from people in the United States who disapprove of books. On May 10, 1933, German universities participated in organized book burnings of books that were believed by the arsonists to reflect an “un-German spirit.” The goal was to remove Jewish influence from German society. The burning of the books was cause for great celebration. In Berlin, an estimated 40,000 people gathered to watch the burning of the books.
Republican Ron DeSantis, the governor of Florida, and others like him who fear the contents of books and their effect on readers, have taken a different approach from the Nazis. They do not think the books should be burned. They think that books with inappropriate content as determined by them and other critics, should be removed from library shelves so as to render them inaccessible to readers.
Although DeSantis has received the most publicity for banning books, Texas has in fact banned the most books. It has banned 800 books in 22 school districts. DeSantis comes in second best having banned 566 books in 21 of the state’s school districts. DeSantis has, among other things, banned books that deal with issues related to race which is similar to banning books dealing with or written by Jews as the Nazis did. Like Florida, Pennsylvania has many book bans in place and in many counties has banned books that are centered on people of color.
Nazi Germany is well known for its treatment of Jews. The United States is becoming well known for its treatment of the LGBTQ+ community, people of color, and other minorities. A pity that.