The Right Uses ‘Religious Freedom’ to Attack Trans People—What About Mine?
When politicians attempt to ban gender-affirming care, bar trans kids from playing sports, and legally erase trans people, they are not protecting religious freedom; they are imposing Christian nationalism.
This week, the Supreme Court dealt transgender Americans another devastating blow, upholding state bans on transgender athletes’ participation in girls' and women's sports. The decision represents the latest in a long series of attacks on trans lives, as we remain in the crosshairs of a manufactured culture war. The architects of these attacks usually wrap their bigotry in a familiar defense: “religious freedom.” They claim their faith compels them to legislate a strict, inflexible gender binary, and that any deviation from it is a threat to their religious liberty.
But as a trans Jew, and a leader of a major national Jewish organization, I have a question for them: What about my religious freedom? What about the freedom to live our Judaism?
My grandmother was born at home on the Lower East Side of Manhattan, spoke Yiddish as her first language, and was raised by immigrants who worked 12 hour physical jobs six days a week. She would not have known the phrase “gender identity” if her life depended on it. And yet, when I transitioned two decades ago, she did not hesitate. She took a deep breath, took a long look at me, decided it was still me she was seeing, and accepted me completely from that moment on.
When politicians attempt to ban gender-affirming care, bar trans kids from playing sports, and legally erase trans people, they are not protecting religious freedom. They are imposing Christian nationalism. Real religious freedom—the principle this country was founded on—only counts if it applies to all of us. Christian nationalists advocating against the rights of LGBTQ+ people are actively suppressing Judaism and other religions that don't neatly align with their theology.
We cannot let that vocal and well-funded Christian nationalist minority implement laws that endanger transgender people like me.
For years, the far-right has successfully monopolized the concept of religious liberty in this country, weaponizing it as a license to discriminate. But our past does not have to be our future. The theology they are attempting to encode into law is not a universal truth. In fact, it runs in direct opposition to my own religious tradition.
Judaism is a deeply embodied religion. It does not view the physical body as a prison, a shameful secret, or a rigid test of obedience; it delights in it. More than a thousand years before the advent of contemporary thinking about gender identity, the rabbis of the Talmud recognized seven different embodied genders. When faced with the reality of human diversity, they didn’t panic or attempt to legislate it out of existence. They acknowledged it, discussed it, and made space for it in Jewish law.
Today, the major streams of American Judaism, including the Reform, Reconstructionist, and Conservative movements, as well as plenty of Orthodox communities, explicitly affirm that being transgender is real, and healthy, and holy. And again, that affirmation is grounded in ancient theology and Jewish religious law.
At Bend the Arc, we organize progressive Jews because we understand attacks on trans people are a part of the authoritarian playbook. The very same political forces attempting to erase trans lives are the ones mainstreaming antisemitism, suppressing votes, abducting immigrants, and attacking reproductive freedom. They demand conformity because human diversity is a fundamental threat to their consolidation of power.
When I transitioned, my Jewish grandmother understood on a theological level that I was still me, and still made in the image of God. She also taught me that we do not abandon our people to appease bullies.
We cannot let a vocal and well-funded Christian nationalist minority dictate the narrative on religious freedom in America. We cannot let that vocal and well-funded Christian nationalist minority implement laws that endanger transgender people like me. LGBTQ+ people and everyone who loves us must wield our joy and pride every day as a weapon against Christian nationalism and authoritarianism, and we must stand unapologetically in our own traditions as we insist on living that joy in public.
My faith commands it. My humanity demands it. And our democracy depends on it.
