(Content Warning: This article contains mentions of transphobia and suicide)
Though 2021 is far from over, this year marks the highest number of anti-transgender bills in history. These bills, many of which target children and youth, have been introduced in 28 states as of this writing, according to the American Civil Liberties Union (ACLU). Most seek to either bar trans people from sports or restrict access to gender-affirming health care. This unprecedented onslaught of anti-transgender legislation is evidence that the fight for LGBTQ+ rights is far from over.
In March 2021, Mississippi governor Tate Reeves signed a law banning transgender girls and women from participating in women’s sports in the state’s public schools and colleges. A similar anti-trans sports bill was approved in Tennessee, relegating students to play on sports teams corresponding to their assigned sex at birth as indicated on their original birth certificate. That same month, Arkansas governor Asa Hutchinson codified the ironically-named “Fairness in Women’s Sports Act,” which revokes the right of trans girls and women to participate in sports consistently with their gender identity.
Advocates for LGBTQ+ rights are concerned that these bills disregard the fact that one’s gender identity does not always match the sex they are assigned at birth. In addition, the sex on one’s birth certificate may be completely incongruous with their current state of mind and body. LGBTQ+ advocates also point out that such blatantly discriminatory legislation assumes that trans women are not “real” women, invalidating their identity. Moreover, most of these laws take effect beginning in elementary school, a particularly tender time in the lives of children learning to accept themselves. Discriminatory treatment so early in life could have profound negative effects on trans children’s self-esteem and mental health.
These bills are only the tip of the iceberg, as almost 50 such restrictions on transgender female athletes’ participation in sports have been introduced this year alone. Sports bans specifically targeting trans youth have drawn heavy criticism from college athletes, hundreds of whom are now demanding that the National Collegiate Athletic Association (NCAA) pull championships from states who vote to implement anti-trans legislation. The NCAA itself has since expressed that they can only hold championships in “locations where hosts can commit to providing an environment that is safe, healthy and free of discrimination,” in a statement issued shortly before the Florida House of Representatives was set to discuss a bill forcing trans athletes to compete on the team of their assigned sex at birth. The NCAA also opposed Idaho’s short-lived anti-trans sports ban last year, which was quickly overturned by a federal district court.
Besides barring trans people from equal participation in sports, new legislation seeks to restrict their access to gender-affirming health care. Against medical advice from the Endocrine Society and the American Academy of Pediatrics, several states are seeking to criminalize the use of puberty blockers for children under 16 and hormone replacement therapy for those over 16, even with parental consent. The Arkansas Senate has already voted to approve one such bill, which would remove access to gender-affirming treatment to trans people under the age of 18. The representative who proposed the bill, Robin Lundstrum, stated that trans people “may choose to be transgender when they’re older.” However, according to the American Psychological Association and leading neurobiologists and physiologists, being trans is not a choice. The instigators of anti-trans legislation seemingly lack basic knowledge of the science of gender identity. This ignorance is not an issue to be taken lightly.
Access to gender-affirming care is not only a major human rights issue, but one of life and death. For trans youth living with gender dysphoria, the severe distress produced when one’s assigned sex does not match their innate gender identity, puberty blockers and hormone therapy can significantly reduce their mental discomfort and risk of suicide. A 2020 study published in the esteemed journal Pediatrics found that those who had access to puberty blockers during adolescence had lower odds of considering suicide than those who did not, while attempts to force trans people to conform to their assigned sex at birth resulted in a higher risk of suicidal thoughts. According to Raquel Willis, a Black trans activist and author, “Affirming health care can literally be life or death for anyone, but particularly for trans youth. People think you can just discipline identity out of someone and that is not true and in many ways is torture.”
The recent surge of anti-transgender legislation has been a source of distress and fear for members of the trans community as well as their loved ones. Trans rights advocates lament that so many state governments are pursuing regressive policies, but posit that this conservative backlash could be a reaction to advances towards equality. Human Rights Campaign president Alphonso David stated, “In a year that has taken a toll on each and every one of us, it is shocking that anti-equality extremists in state legislatures across this country have dedicated an unprecedented amount of time and energy to attacking the LGBTQ community and particularly LGBTQ youth. The furious pace of these bills shows that hateful anti-equality groups across the country and extremist legislators alike realize that equality is gaining momentum.” David and others retain hope that the attempted repeal of trans rights and freedoms will be overcome by the changing tide: towards true equality, liberty, and justice for all.