Transgender rights in the United States
Part of a series on |
LGBTQ rights |
---|
Lesbian ∙ Gay ∙ Bisexual ∙ Transgender ∙ Queer |
LGBTQ portal |
Part of a series on |
Transgender topics |
---|
Category |
In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights.[1] There has been a steady increase in the number of anti-transgender bills introduced each year,[2][3] especially in Republican-led states.[4]
Transgender employees are nationally protected from employment discrimination following a 2020 ruling where the Supreme Court held that Title VII protections against sex discrimination in employment extend to transgender employees. The Equality Act, if passed, would prohibit discrimination on the basis of gender identity in employment; housing; public accommodations; education; federally funded programs; credit; and jury service.[5]
The Transgender Bill of Rights, if passed, would amend the Civil Rights Act to prohibit discrimination on the basis of sex, enforce prohibitions on discrimination in health care on the basis of gender identity and amend federal education laws to ensure that trans students are protected from discrimination. This bill also specifically allows students to join sports teams that match their gender identity and protects access to gender affirming care for minors and adults, which would subsequently overturn various bans passed at a state level by conservative legislatures across the country.[6][7] It also federally bans conversion therapy practices and forced surgery on intersex children as well as invests in community services to prevent violence against trans and nonbinary people and requires the Attorney General to designate a liaison within the Civil Rights Division of the Department of Justice dedicated to advising and overseeing enforcement of the civil rights of transgender people.[8]
Most states allow updating gender identity on birth certificates and driver's licenses, although some require proof of gender-affirming surgery or prohibit updating these fields altogether. Some states legally recognize non-binary citizens, and offer an "X" marker on identification documents.[9] Gender self-identification (including an "X" option) is permitted for passports. Laws concerning name changes in U.S. jurisdictions are also a complex mix of federal and state rules.
The Supreme Court's decision in Obergefell v. Hodges established that equal protection requires all jurisdictions to recognize same-sex marriages, giving transgender people the right to marry regardless of whether their partners are legally considered to be same-sex or opposite-sex. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, of 2009, added crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability to the federal definition of a hate crime. However, only some states and territories include gender identity in their hate crime laws.
Throughout the United States, transgender rights have increasingly[10] been a target of conservatives and the Republican Party.[11][12] Restrictions and bans on gender-affirming care, hormone therapy, and drag are common in red states alongside queer-oriented literature, and academic curricula (i.e., gender and sexuality studies, etc.) have been prohibited by state governments in public schools.[13]
Marriage
[edit]In Obergefell v. Hodges, the Court ruled that people have a right to marry without regard to sex. While this is commonly understood as a ruling allowing same-sex marriage, it also meant that a person's sex, whether assigned at birth or recognized following transitioning, cannot be used to determine their eligibility to marry. Prior to this ruling, the right of transgender people to marry was often subject to legal challenge—as was the status of their marriages after transitioning, particularly in cases where an individual's birth sex was interpreted to mean a same-sex marriage had taken place.[14]
Cases
[edit]In 1959, Christine Jorgensen, a trans woman, was denied a marriage license by a clerk in New York City, on the basis that her birth certificate listed her as male;[15][16] Jorgensen did not pursue the matter in court. Later that year, Charlotte McLeod, another trans woman who underwent sex reassignment surgery, married her husband Ralph H. Heidel in Miami. She did not mention her birth sex, however, or the fact she was still legally male.[citation needed] In 1976, the New Jersey case M.T. v. J.T. held that trans people who had undergone sex reassignment surgery could marry as the legal sex matching their gender identity, the first ruling of its kind. Here the court expressly considered the English Corbett v. Corbett decision but rejected its reasoning.
In Littleton v. Prange, (1999),[17] Christie Lee Littleton, a trans woman who had undergone sex reassignment surgery, argued to the Texas 4th Court of Appeals that her marriage to her genetically male husband (deceased) was legally binding and hence she was entitled to his estate. The court decided that plaintiff's sex is equal to her chromosomes, which were XY (male). The court subsequently invalidated her revision to her birth certificate, as well as her Kentucky marriage license, ruling "We hold, as a matter of law, that Christie Littleton is a male. As a male, Christie cannot be married to another male. Her marriage to Jonathon was invalid, and she cannot bring a cause of action as his surviving spouse." She appealed to the Supreme Court but it denied certiorari in 2000.[14]
The Kansas Appellate Court ruling in In re Estate of Gardiner (2001)[18] considered and rejected Littleton, preferring M.T. v. J.T. instead. In this case, the Kansas Appellate Court concluded that "[A] trial court must consider and decide whether an individual was male or female at the time the individual's marriage license was issued and the individual was married, not simply what the individual's chromosomes were or were not at the moment of birth. The court may use chromosome makeup as one factor, but not the exclusive factor, in arriving at a decision. Aside from chromosomes, we adopt the criteria set forth by Professor Greenberg. On remand, the trial court is directed to consider factors in addition to chromosome makeup, including: gonadal sex, internal morphologic sex, external morphologic sex, hormonal sex, phenotypic sex, assigned sex and gender of rearing, and sexual identity." In 2002, the Kansas Supreme Court reversed the Appellate court decision in part, following Littleton.[citation needed][19]
The custody case of Michael Kantaras made national news.[20] Kantaras met a woman and filed for divorce in 1998, requesting primary custody of the children. Though he won that case in 2002, it was reversed on appeal in 2004 by the Florida Second District Court of Appeal,[21] upholding Forsythe's claim that the marriage was null and void because her ex-husband was still a woman and same-sex marriages were illegal in Florida.[22] Review was denied by the Florida Supreme Court.[23]
In re Jose Mauricio LOVO-Lara (2005),[24] the Board of Immigration Appeals ruled that for purposes of an immigration visa, "A marriage between a postoperative transsexual and a person of the opposite sex may be the basis for benefits under ..., where the State in which the marriage occurred recognizes the change in sex of the postoperative transsexual and considers the marriage a valid heterosexual marriage."[24]
In Fields v. Smith (2006), three transgender women filed a lawsuit against this state of Wisconsin for passing a law banning hormone treatment or sex reassignment surgery for inmates. The courts of appeal struck down the law issuing that transgender people have a right to medical access in prison.[citation needed][25]
Transgender parents seeking child custody
[edit]Courts are generally allowed to base custody or visitation rulings only on factors that directly affect the best interests of the child. According to this principle, if a transgender parent's gender identity cannot be shown to hurt the child, contact should not be limited, and other custody and visitation orders should not be changed for this reason. Many courts have upheld this principle and have treated transgender custody cases like any other child custody determination—by focusing on standard factors such as parental skills. In Mayfield v. Mayfield, for instance, the court upheld a transgender parent's shared parenting plan because there was no evidence in the record that the parent would not be a "fit, loving and capable parent".[26]
Other times, courts claiming to consider a child's interests have ruled against the transgender parent, leading to the parent losing access to their children on the basis of their gender identity. For example, in Cisek v. Cisek, the court terminated a transgender parent's visitation rights, holding that there was a risk of both mental and "social harm" to the children. The court asked whether the parent's sex change was "simply an indulgence of some fantasy". An Ohio court imposed an indefinite moratorium on visitation based on the court's belief that it would be emotionally confusing for the children to see "their father as a woman".[27]
Reproductive rights
[edit]Many U.S. jurisdictions require gender-affirming surgery before the person's legal sex can be changed. This has been criticized as forced sterilization.[28] Some trans people wish to retain their ability to procreate. Others do not medically require hysterectomy, phalloplasty, metoidioplasty, penectomy, orchiectomy, or vaginoplasty to treat their gender dysphoria. In these cases, surgery is considered medically unnecessary and, for that reason, medically unethical. Additionally, surgery is generally the final series of medical procedures in a complete sex transition, and is financially prohibitive for many people.[29]
Some transgender people use assisted reproduction technology services and preservation of reproductive tissue prior to having surgery that would render them infertile. Depending on what type of gametes the person's body naturally produces, this would include cryopreservation of semen in a sperm bank or preservation of oocytes or ovum. For such individuals, access to surrogacy and in vitro fertilization services is necessary to have children. Some people advocate specifically for transgender people to have a legal right to these services.[30]
Identity documents
[edit]Identity documents are a major area of legal concern for transgender people. Different procedures and requirements for legal name changes and gender marker changes on birth certificates, drivers licenses, social security identification and passports exist and can be inconsistent. Many states have historically required sex reassignment surgery to change their name and gender marker; however, there are increasingly few states where this is the case, with Alabama being one of the last.[31] Also, documents which do not match each other can present difficulties in conducting personal affairs—particularly those which require multiple, matching forms of identification. Furthermore, having documents which do not match a person's gender presentation has been reported to lead to harassment and discrimination.[32][33]
Name change
[edit]Transgender people often seek legal recognition for a name change during a gender transition. Laws regarding name changes vary state-by-state. In some states, transgender people can change their name, provided that the change does not perpetrate fraud or enable criminal intent. In other states, the process requires a court order or statute and can be more difficult. An applicant may be required to post legal notices in newspapers to announce the name change—rules that have been criticized on grounds of privacy rights and potentially endangering transgender people to targeted hate crimes.[34] Some courts require medical or psychiatric documentation to justify a name change, despite having no similar requirement for individuals changing names for reasons other than gender transitioning.[35]
Birth certificates
[edit]U.S. states make their own laws about birth certificates, and state courts have issued varied rulings about transgender people.[39][40]
Most states permit the name and sex to be changed on a birth certificate, either by amending the existing birth certificate or by issuing a new one, although some require medical proof of sex reassignment surgery to do so. These include:
- Texas, by opinion of the local clerk's office, will make a court-ordered change of sex.
- New York State and New York City both passed legislation in 2014 to ease the process for changing sex on the birth certificate, eliminating the requirement for proof of surgery.[41][42]
- Nevada eliminated the surgery requirement in November 2016. It requires an affidavit from the person making the change and an affidavit who can attest that the information is accurate.[43]
- Colorado (February 2019) and New Mexico (November 2019) eliminated the surgery requirement and made the gender marker "X" available.[44][45][46]
- Kansas began allowing changes to the gender marker in June 2019. The person must sign an affidavit. If they do not already have documentation (driver's license or passport) with their preferred gender marker, they must bring a letter from a doctor or psychotherapist affirming their gender, but they do not need proof of surgery.[47] Regulations were set up under a signed executive order for the Kansas Department of Health by the Governor of Kansas. In 2023, this was changed and the state health department announced it would no longer issue new birth certificates with amended gender markers due to recently passed state law.[48]
- Virginia removed the requirement for surgery to change the gender marker in September 2020.[49]
Tennessee will not change the sex on a birth certificate under any circumstances.[50][51][52] In December 2020, a federal judge invalidated an unconstitutional departmental rule banning sex changes on an individual's birth certificate within Ohio.[53] In 2022, Oklahoma became the second state to ban legal gender marker change on birth certificates. This followed an executive order issued by the governor the previous year.[54][55] Oklahoma Senate Bill 1100 also banned non-binary gender markers on birth certificates.[56] During the same year, Montana also issued a rule that banned legal gender change on birth certificates.[57]
Cases
[edit]The first case to consider legal gender change in the U.S. was Mtr. of Anonymous v. Weiner (1966), in which a transgender woman wished to change her name and sex on her birth certificate in New York City after having undergone sex reassignment surgery. The New York City Health Department denied the request. She took the case to court, but the court ruled that the New York City Health Code did not permit the request, which only permitted a change of sex on the birth certificate if an error was made recording it at birth.[58][59]
The decision of the court in Weiner was again affirmed in Mtr. of Hartin v. Dir. of Bur. of Recs. (1973) and Anonymous v. Mellon (1977). Despite this, there can be noted as time progressed an increasing support expressed in judgments by New York courts for permitting changes in birth certificates, even though they still held to do so would require legislative action. Classification of characteristic sex is a public health matter in New York; and New York City has its own health department which operates separately and autonomously from the New York State health department.[citation needed]
An important case in Connecticut was Darnell v. Lloyd (1975),[60] where the court found that substantial state interest must be demonstrated to justify refusing to grant a change in sex recorded on a birth certificate.[61]
In K. v. Health Division (1977),[62] the Oregon Supreme Court rejected an application for a change of name or sex on the birth certificate of a transgender man who had undergone sex reassignment surgery, on the grounds that there was no legislative authority for such a change to be made.[citation needed]
Driver's licenses
[edit]As of February 2024, all U.S. States except for Kansas and Florida allow the gender marker to be changed on a driver's license, although the requirements for doing so vary by state. Often, the requirements for changing one's driver's license are less stringent than those for changing the marker on the birth certificate. For example, until August 1, 2015, the state of Massachusetts required sex reassignment surgery for a birth certificate change,[63][64] but only a form including a sworn statement from a physician that the applicant is in fact the new gender to correct the sex designation on a driver's license.[65] As of November 2019, the Commonwealth of Massachusetts no longer requires any documentation or a sworn statement from a medical doctor in order to change one's gender marker on their drivers license/state ID. In order to change the gender marker, one only needs to fill out a new drivers license/ID card application reflecting the correct information.[66] The state of Virginia had policies similar to those of Massachusetts, requiring Sex reassignment surgery (SRS) for a birth certificate change, but not for a driver's license change.[67][68] Virginia removed the requirement for surgery to change the gender marker in September 2020.[49]
Sometimes, the states' requirements and laws conflict with and are dependent on each other; for example, a transgender woman who was born in Tennessee but living in Kentucky will be unable to have the gender marker changed on her Kentucky driver's license. This is due to the fact that Kentucky requires an amended birth certificate reflecting the person's accurate gender, but the state of Tennessee does not change gender markers on birth certificates at all.[69]
On July 1, 2023, Kansas Senate Bill 180 went into effect, mandating that gender markers on birth certificates and driver's licenses reflect a person's sex at birth – reversing a 2019 federal equal protection lawsuit settlement which allowed birth certificates to be changed to reflect a person's gender identity.[70]
In January 2024, Florida banned changing the gender marker on driver's licenses. Additionally, any person "misrepresenting" their gender would be subject to criminal and civil penalties.[71][72]
In August 2024, the Texas Department of Public Safety (DPS) issued a statement saying they would no longer accept court orders as a basis to change a person's sex on their drivers license, effectively banning trans people from changing their sex on their drivers license. The statement also "directs drivers license employees to send the names and identification numbers of people seeking to change their sex on their license to a particular email address" with the subject line "Sex Change Court Order." Drivers license employees are also ordered to "scan into the record" court orders or other documents associated with any sex change requests. The DPS refused to say how this information will be used. However two years prior, Attorney General Ken Paxton ordered workers at DPS to gather a list of people who had changed their sex on their Texas driver's licenses and other department records.[73]
In addition, a number of states and city jurisdictions have passed legislation to allow a third gender marker on official identification documents (see below).
Cases
[edit]In May 2015, six Michigan transgender people filed Love v. Johnson in the United States District Court for the Eastern District of Michigan, challenging the state's policy requiring the information on a person's driver's license match the information on their birth certificate.[74][75] This policy requires transgender people to change the information on their birth certificates in order to change their driver's licenses, which at the time of filing was not possible in Tennessee, Nebraska and Ohio, where three of the plaintiffs were born, and requires a court order in South Carolina, where a fourth was born. The remaining two residents were born in Michigan, and would be required to undergo surgery to change their birth certificates.[74] The plaintiffs in the case are represented by the American Civil Liberties Union.[74][75]
In November 2015, Judge Nancy Edmunds denied the State of Michigan's motion to dismiss the case.[74]
Passports
[edit]The State Department determines what identifying biographical information is placed on passports.
On June 30, 2021, the government announced that the State Department would begin offering an "X" gender marker and would also allow changing one's gender marker without proving any physical changes to one's sex.[76] Previously, the policy had been amended on June 10, 2010 to allow permanent gender marker changes only if accompanied by a physician's statement that "the applicant has had appropriate clinical treatment for gender transition to the new gender."[77] Before 2010, the required statement was more specific; it was required to be from a surgeon who said that gender reassignment surgery had been completed.[78]
From April 11, 2022, any individual who is a valid US passport holder can legally have F, M or X options listed as a sex/gender marker available and recognized by way of self determination.[79] Starting in late 2023, X will also be available for passport cards, emergency passports made by consulates and embassies, consular reports of birth abroad.[80]
Persons not born in the United States
[edit]Persons not born in the United States and who hold status in the United States can change the gender marker on their USCIS-issued Certificate of Naturalization, Certificate of Citizenship, Permanent Resident Card, and their State Department-issued Consular Report of Birth Abroad; these serve as foundational identity documents that may be substituted for birth certificates.[81][82]
Other options include obtaining a state court order affirming the change of legal gender as a linking document, such as California's Order Recognizing Change of Gender.[83]
Third gender option
[edit]As of 2021, the U.S. federal government recognizes a third gender option on passports or other national identity documents, joining other countries including Australia, New Zealand, India, Nepal, Pakistan, Bangladesh, Germany, Malta, and Canada that also recognize this.[84][85][86][87] Third genders have traditionally been acknowledged in a number of Native American cultures as "two spirit" people, in traditional Hawaiian culture as the māhū, and as the fa'afafine in American Samoa.[88][89][90][91] Similarly, immigrants from traditional cultures that acknowledge a third gender would benefit from such a reform, including the muxe gender in southern Mexico and the hijra of south Asian cultures.[92][93][94]
On June 10, 2016, an Oregon circuit court ruled that a resident, Elisa Rae Shupe, could obtain a non-binary gender designation. The Transgender Law Center believes this to be "the first ruling of its kind in the U.S."[9]
On September 26, 2016, intersex California resident Sara Kelly Keenan became the second person in the United States to legally change her gender to 'non-binary', citing Shupe's case as inspiration.[95] Keenan obtained a birth certificate with an intersex sex marker. Ohio had issued an 'hermaphrodite' sex marker in 2012.[96]
On January 26, 2017, a bill was introduced in the California State Senate that would create a third, nonbinary gender marker on California birth certificates, drivers' licenses, and identity cards. The bill, SB 179, would also remove the requirements for a physician's statement and mandatory court hearing for gender change petitions.[97] This bill was signed into law on October 15, 2017; the non-binary option became available on January 1, 2019.[98]
On June 15, 2017, Oregon became the first state in the U.S. to announce it will allow a non-binary "X" gender marker on state IDs and driver's licenses. The law took effect July 1. No doctor's note is required for the change.[99] The following week, Washington, D.C., announced that a non-binary "X" gender marker for district-issued ID cards and driver's licenses would very shortly be offered with no medical certification required.[100] The D.C. policy change went into effect on June 27, making the district the first place in the U.S. to offer gender-neutral driver's licenses and ID cards.[101] In June 2018, Maine began issuing yellow stickers to cover part of the ID card with the statement "Gender has been changed to: X – Non-binary".[102] In July 2018, New Jersey enacted legislation to permit people to amend birth and death certificates to reflect their identity as female, male, or "undesignated" without requiring a physician to provide proof of surgery.[103] In October 2018, it was reported that Minnesota would offer an "X" as part of REAL ID.[104] Since November 2018, Colorado has legally provided gender X on driver's license forms and other I.Ds.[105]
Legislation to offer an "X" gender marker for residents' ID cards was introduced in New York state in June 2017[100][106] (and was introduced in New York City in June 2018),[107] and in Massachusetts in May 2018.[108] New York city began offering birth certificates with an "X" gender marker in January 2019.[109] Ohio began offering "X" gender marker in August 2020.
On October 27, 2021, the State Department issued the first passport with an "X" gender marker.
US jurisdictions with "gender X" driver's licences
[edit]Many jurisdictions in the US currently offer third gender markers on driver's licenses,[110] including Arkansas,[111] California, Colorado, Connecticut,[112] Delaware, Washington D.C., Hawai'i, Massachusetts,[113][114] Maine, Maryland, Michigan,[115][116] Minnesota, Nevada, New Hampshire,[117] New Jersey,[118] New York,[119] Ohio, Oregon, Pennsylvania,[120][121] Rhode Island,[122] Utah, Virginia,[123][124] Vermont, and Washington.
Laws offering an "X" gender marker on driver's licenses and state identification cards have also been passed in several US jurisdictions, but have not gone into effect yet namely[125][126][127][128][129]—New Jersey and Illinois (sometime in 2024 due to delays by government contracts from third parties).
Death certificates
[edit]A study conducted by Oregon epidemiologists found that within the area of Portland, Oregon, more than half of dead trans people were recorded as their assigned sex at birth on their death certificates.[130]
Housing
[edit]According to the 2015 US Transgender Health Survey, 30% of trans people (41% for black trans people) experience homelessness at some point in their lives.[131][132] According to the Vera Institute, trans people in crisis centers and shelters suffer routine verbal and physical abuse.[133]
In 2020, the Trump Administration rolled back Obama-era protections for transgender people protecting equal access to homeless shelters, and issued a guide for shelter staff on how to spot a trans woman.[134][135] In 2021, a memo from HUD expanded the 2012 Equal Access Rule to declare equal access for all individuals to HUD programs, including affiliated shelters, regardless of actual or perceived sexual orientation, gender identity, or marital status.[136]
Genocide
[edit]Some critics, including journalists Emily St. James and Saeed Jones and activist Chase Strangio, have described US laws as fitting the United Nations' definition of genocide, such as those laws which ban proper transgender healthcare ("causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part"), and those mandating that trans children be taken away by the state ("forcibly transferring children of the group to another group").[137][138][139]
On March 3, 2023, at the Conservative Political Action Conference, political commentator Michael Knowles declared that "for the good of society... transgenderism must be eradicated from public life entirely". This statement, and other parts of his speech, led the Lemkin Institute for Genocide Prevention to raise a 'Red Flag Alert' in the US, stating "Now that ideologues of hate can openly call for the elimination of transgender identity – in the very country that has been most open to the transgender community over the last decade – we are at a new stage in the global threat against transgender people."[140]
Transgender healthcare bans have been described as dire by members of the medical community. A medical report which was published by Yale in response to bans on gender-affirming care argued that the bans were no more ethical than a prohibition on healthcare for any other life-threatening medical condition.[141] The president of the World Professional Association of Transgender Health (WPATH) wrote an opinion article in the New York Times stating her view that these laws constituted an effort to "rid the world of transgender people."[142] Similar sentiments were expressed in a WPATH public communique: "Anti-transgender health care legislation is not about protections for children but about eliminating transgender persons on a micro and macro scale."[143]
According to the legal definition of crimes against humanity which is propagated at the Hague by the International Criminal Court, "'extermination' includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population" when "pursuant to or in furtherance of a State or organizational policy to commit such attack."[144]
Governments' lists of trans people
[edit]The compiling of lists of transgender citizens by governments, such as the list which was compiled by the state of Texas in 2022,[145] has been criticized by trans advocates who feared the state would "use the information to further persecute the already vulnerable trans community."[146] In August 2024, the Texas Department of Public Safety (DPS) issued a statement saying they would no longer accept court orders as a basis to change a person's sex on their drivers license, effectively banning trans people from changing their sex on their drivers license. The statement also "directs drivers license employees to send the names and identification numbers of people seeking to change their sex on their license to a particular email address" with the subject line "Sex Change Court Order." Drivers license employees are also ordered to "scan into the record" court orders or other documents associated with any sex change requests. The DPS refused to say how this information will be used.[73]
In June 2023, the Attorney General's office for the state of Tennessee mandated the Vanderbilt University Medical Center to turn over the medical records of all of its transgender patients. The VUMC complied.[147]
Physical violence
[edit]A 2014 report by the Department of Justice found that 2% of trans people report being physically attacked upon visiting a doctor's office, with 3% reporting being forcibly subjected to unwanted medical procedures.[148]
According to a study published by the UCLA Williams Institute, transgender people are the victims of violent crimes at over four times the rate of cisgender people. The study found that from 2017 to 2018, trans people experienced violent victimizations at a rate of 86.2 per 1000 people, compared to 21.7 among cis people. Trans women suffered at a rate of 86.1 per 1000, compared to cis women's 23.7, and trans men suffered at a rate of 107.5 per 1000 compared to cis men's 19.8.[149]
According to the Department of Justice in 2022, 50% of people who die in anti-LGBT hate crimes are trans women, with sexual assault being a frequent occurrence after their murders. Additionally, 50% of transgender people are physically abused after coming out as trans to a significant other.[150]
In June 2022, NBC reported "Events for transgender rights (…) have become frequent targets of extremists, militias, and far-right personalities".[151]
In August 2022, a draft report from the California Attorney General's Office found that trans people were four times more likely to be stopped by police for "reasonable suspicion" than cis people.[152]
Sexual violence
[edit]According to the Department of Justice in 2022, 66% of trans people experience sexual assault at some point in their lives. 15% of trans people report being sexually assaulted by police or prison staff (32% for African-American trans people), while another 10% report being sexually assaulted by healthcare professionals.[153] An older study conducted by the DOJ in 2014 also found that it was not uncommon for psychiatric professionals to mandate that trans patients of theirs perform sexual favors for them in exchange for continued access to gender affirming healthcare.[148]
The Trafficking in Persons report by the State Department found that trans people are significantly overrepresented in sex trafficking victims, and a study by Loyola University Chicago found that trans people in the US are 5.6x more likely to engage in survival sex - where sex is traded for money, food, shelter, or other essential items such as phones or clothing - than their cis peers.[154][155][156]
According to the 2015 US Transgender survey, 13% of K-12 students who were out as or perceived as transgender were sexually assaulted specifically for being transgender.[157]
It's considered relatively common for transgender people to be subjected to pat downs and secondary searches while going through airport security, due to their body types deviating from the presets expected by the body scanners. These searches can range from being groped in the groin area, to being forced to strip entirely.[158][159]
Displacement and sanctuary states
[edit]Anti-trans legislation in numerous conservative states has caused some trans people and their families to flee their homes, whether to another state or another country, including the families of those who actively advocated against anti-trans laws in their states.[160][161][162]
A number of states have passed laws protecting trans people and their families, as well as their healthcare providers, fleeing anti-trans states, from extradition. In 2022, Connecticut became the first state to implement such a law, alongside similar protections for reproductive healthcare providers and recipients.[163] Since then, Massachusetts, California, Illinois, Minnesota, New Jersey, New Mexico, Vermont, Colorado, Washington, New York, Arizona, Maine, Rhode Island, Oregon, Maryland, and the District of Columbia have passed similar laws.[164][165][166][167][4][168][169][170][171][172][173]
In June 2023, polling from Data for Progress found that 8% of transgender adults in the US have been displaced from their community or state by hostile legislation.[174]
Discrimination protections
[edit]Employment
[edit]In June 2020, the Court ruled for the first time on a case directly regarding Transgender rights. In the case R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission the Supreme Court held that Title VII of the Civil Rights Act 1964 extends protections to individuals who are transgender in Employment. This is based on discrimination on the grounds of transgender status is a form of discrimination based on sex. Prior to the rulings that Title VII protections covered transgender status, four states (Alaska, Arizona, Wisconsin, and Missouri) had not enacted specific protections based on transgender status in any employment, and 22 states had extended protections to public employment only.[175]
Laws
[edit]Federal laws
[edit]There is no federal law designating transgender as a protected class, or specifically requiring equal treatment for transgender people. Some versions of the Employment Non-Discrimination Act introduced in the U.S. Congress have included protections against discrimination for transgender people, but as of 2021 no version of ENDA has passed. Whether or not to include such language has been a controversial part of the debate over the bill. In 2016 and again in 2017, Rep. Pete Olson [R-TX] introduced legislation to strictly interpret gender identity according to biology, which would end federal civil rights protection of gender identity. It remains legal at the federal level for parents to subject transgender children to conversion therapy.
On October 4, 2017, Attorney General Jeff Sessions released a Department of Justice memo stating that Title VII of the 1964 Civil Rights Act prohibits discrimination based on sex, which he stated "is ordinarily defined to mean biologically male or female," but the law "does not prohibit discrimination based on gender identity per se."[176]
On January 30, 2012, HUD Secretary Shaun Donovan announced new regulations that would require all housing providers that receive HUD funding to prevent housing discrimination based on sexual orientation or gender identity.[177] These regulations went into effect on March 5, 2012.[178]
State and local laws
[edit]Over 225 jurisdictions including the District of Columbia (as of 2016)[179] and 22 states (as of 2018) feature legislation that prohibit discrimination based on gender identity in either employment, housing, and/or public accommodations. In Anchorage, Alaska, voters chose in April 2018 to keep the existing protections for transgender people.[180] In Massachusetts, a state law prohibited discrimination in public accommodations on the basis of gender identity; in October 2016, anti-transgender activists submitted the minimum number of signatures necessary to the Secretary of the Commonwealth of within Massachusetts to put the law up for repeal on a statewide ballot measure,[181] Massachusetts voters chose on November 6, 2018 to retain the state law, with 68% in favor of upholding law, and 32% opposed. The Massachusetts Gender Identity Anti-Discrimination Initiative was the first-ever statewide ballot question of its kind in the United States.
Some states and cities have banned conversion therapy for minors.
State | Date effective | Employment | Housing | Public accommodations |
---|---|---|---|---|
Minnesota | 1993[182] | |||
Rhode Island | Dec 6, 1995 (public accommodation) July 17, 2001 (employment and housing)[183] |
|||
New Mexico | July 1, 2003 (employment and housing) 2004 (public accommodation) |
|||
California[184] | 2004 (employment and housing) Oct 9, 2011 (public accommodations) |
|||
District of Columbia | 2005 (employment and housing) March 8, 2006 (public accommodations) |
|||
Maine | December 28, 2005 | |||
Illinois | 2005 (employment and housing) 2006 (public accommodations) |
|||
Hawaii | July 11, 2005 (housing and public accommodations) May 5, 2011 (employment) |
|||
Washington | 2006 | |||
New Jersey | 2006 | |||
Vermont | 2007 | |||
Oregon | 2007 | |||
Michigan | Codified in March 2023[185] | |||
Iowa | 2007 | |||
Colorado[186] | 2007 (employment and housing) 2008 (public accommodations) |
|||
Nevada | 2011 | |||
Connecticut[187] | October 1, 2011 | |||
Massachusetts[188] | 2012 (employment and housing) 2016 (public accommodations)[188] |
|||
Delaware | 2013 | |||
Maryland | 2014 | |||
Utah | 2015 | |||
New York[189] | January 20, 2016 | |||
New Hampshire[190][191] | July 8, 2018 | |||
Virginia[192] | July 1, 2020 |
Cases
[edit]In 2000, a court ruling in Connecticut determined that conventional sex discrimination laws protected transgender persons. However, in 2011, to clarify and codify this ruling, a separate law was passed defining legal anti-discrimination protections on the basis of gender identity.[193]
On October 16, 1976, the Court rejected plaintiff's appeal in sex discrimination case involving termination from teaching job after sex reassignment surgery from a New Jersey school system.[194]
Carroll v. Talman Fed. Savs. & Loan Association, 604 F.2d 1028, 1032 (7th Cir.) 1979, held that dress codes are permissible. "So long as [dress codes] and some justification in commonly accepted social norms and are reasonably related to the employer's business needs, such regulations are not necessarily violations of Title VII even though the standards prescribed differ somewhat for men and women."[195]
In Ulane v. Eastern Airlines Inc. 742 F.2d 1081 (7th Cir. 1984) Karen Ulane, a pilot who was assigned male at birth, underwent sex reassignment surgery to attain typically female characteristics. The Seventh Circuit denied Title VII sex discrimination protection by narrowly interpreting "sex" discrimination as discrimination "against women" [and denying Ulane's womanhood].[196]
The case of Price Waterhouse v. Hopkins 490 U.S. 228 (1989), expanded the protection of Title VII by prohibiting gender discrimination, which includes sex stereotyping. In that case, a woman who was discriminated against by her employer for being too "masculine" was granted Title VII relief.[197]
Oncale v. Sundowner Offshore Services, Inc. 523 U.S. 75 (1998), found that same-sex sexual harassment is actionable under Title VII.[198]
A gender stereotype is an assumption about how a person should dress which could encompass a significant range of transgender behavior. This potentially significant change in the law was not tested until Smith v. City of Salem 378 F.3d 566, 568 (6th Cir. 2004). Smith, a trans woman, had been employed as a lieutenant in the fire department without incident for seven years. After doctors diagnosed Smith with Gender Identity Disorder ("GID"), she began to experience harassment and retaliation following complaint. She filed Title VII claims of sex discrimination and retaliation, equal protection and due process claims under 42 U.S.C. § 1983, and state law claims of invasion of privacy and civil conspiracy. On appeal, the Price Waterhouse precedent was applied at p. 574: "[i]t follows that employers who discriminate against men because they do wear dresses and makeup, or otherwise act femininely, are also engaging in sex discrimination, because the discrimination would not occur but for the victim's sex."[199] Chow (2005 at p214) comments that the Sixth Circuit's holding and reasoning represents a significant victory for transgender people. By reiterating that discrimination based on both sex and gender expression is forbidden under Title VII, the court steers transgender jurisprudence in a more expansive direction. But dress codes, which frequently have separate rules based solely on gender, continue. Carroll v. Talman Fed. Savs. & Loan Association, 604 F.2d 1028, 1032 (7th Cir.) 1979, has not been overruled.
Harrah's implemented a policy named "Personal Best", in which it dictated a general dress code for its male and female employees. Females were required to wear makeup, and there were similar rules for males. One female employee, Darlene Jesperson, objected and sued under Title VII. In Jespersen v. Harrah's Operating Co., No. 03-15045 (9th Cir. April 14, 2006), plaintiff conceded that dress codes could be legitimate but that certain aspects could nevertheless be demeaning; plaintiff also cited Price Waterhouse. The Ninth Circuit disagreed, upholding the practice of business-related gender-specific dress codes. When such a dress code is in force, an employee amid transition could find it impossible to obey the rules.[citation needed]
In Glenn v. Brumby, the 11th Circuit Court of Appeals held that the Equal Protection Clause prevented the state of Georgia from discriminating against an employee for being transgender.[200][201]
Drag shows
[edit]On March 2, 2023, Tennessee governor Bill Lee signed the Adult Entertainment Act, which prohibits drag performances for children.[202][203] This bill sparked outrage from the LGBT community.[204] On June 3, 2023, a federal judge ruled that the law is unconstitutional.[205] On July 18, 2024, a three judge panel on the Sixth Circuit reinstated the law by ruling that the plaintiffs had lacked the standing to sue. The ruling did not address whether the law was constitutional.[206]
The states of Florida, Montana, and Texas have also passed laws banning public drag performances.[207][208] However, all three of these drag bans were blocked by courts from taking effect.[209][210][211][212]
Education
[edit]The Obama administration took the position that Title IX's prohibition on discrimination on the basis of "sex" encompasses discrimination on the basis of gender identity and gender expression. In 2016, the Fourth Circuit became the first[213] Court of Appeals to agree with the administration on the scope of Title IX as applied to transgender students, in the case of Virginia high school student Gavin Grimm (G.G. v. Gloucester County School Board).[214] The validity of the executive's position is being tested further in the federal courts. In 2017 the ACLU, representing Grimm, stated that they had stopped Grimm's "request for an immediate halt to the Gloucester County School Board's policy prohibiting him and other transgender students from using the common restrooms at school" but were "moving forward with his claim for damages and his demand to end the anti-trans policy permanently."[215] Judge Allen of the U.S. District Court of the Eastern District of Virginia, in May 2018, ruled that Grimm's discrimination claim was valid based upon Title IX and the U.S. Constitution's equal protection clause.[216][217]
In 2014, Maryland Senate passed a bill that "bans discrimination based on sexual orientation and sexual identity but includes an exemption for religious organizations, private clubs and educational institutions.[218]
According to the Vera Institute in 2016, "transgender youth are more likely to leave school due to harassment, physical assault, and sexual violence".[133]
In 2016, guidance was issued by the Departments of Justice and Education stating that schools which receive federal money must treat a student's gender identity as their sex (for example, in regard to bathrooms).[219] However, this policy was revoked in 2017.[219]
In 2022, the state of Florida enacted the Parental Rights in Education Act, commonly known as the "Don't Say Gay Bill", banning any "classroom discussion about sexual orientation or gender identity" by school personnel or third parties, up through third grade.[220] For older students, any discussion of such must be "age appropriate or developmentally appropriate", with the goal to, according to the text of the legislation, "reinforce the fundamental right of parents to make decisions regarding the upbringing and control of their children".[221] As of July 2022, five more states have enacted similar laws.[222] In early 2023, a national proposal was introduced as HR 5, "The Parents Bill of Rights Act."[223]
In July 2022, the Florida Department of Education issued a memo to all Florida schools referring to transgender non-discrimination policies regarding access to public facilities as "imposing a sexual ideology" on schools, and saying that any school that did not sufficiently discriminate against transgender students could be in an acting violation of state law.[224]
That same month, Texas along with more than 20 other states sued the U.S. Department of Agriculture to overturn its policy requiring schools participating in federal food assistance programs to investigate allegations of discrimination due to sexual orientation or gender identity.[225][226]
Parental notification
[edit]As of April 2024[update], at least six states — Alabama, Arizona, Arkansas, Idaho, Indiana and North Carolina— have laws that, if a teacher believes a child is transgender, the teacher must notify the child's parents.[227] Additionally, Virginia asked schools to write guidance on this matter.[228]
Local school boards
[edit]Local K-12 school boards have adopted a variety of policies regarding trans students, ranging from allowing fully equal rights and non-discrimination for trans students, to requiring trans students to submit to a criminal background check to be allowed to use the bathroom consistent with their gender identity, to implementing full bans on expressing one's self-declared gender at all, including bans on chosen pronouns and pride flags, to even bans on mentioning the very existence of trans people.[229][230][231][232]
Employment
[edit]In a 2021 survey by the UCLA Williams Institute, 48.8% of trans people reported experiencing employment discrimination due to their trans status. 43.8% reported receiving verbal harassment in the workplace for being trans, and 22.4% reported being sexually harassed in the workplace in the preceding five years.[233]
According to the Human Rights Campaign, in 2021 transgender women in the US were paid 60 cents for every dollar the average worker was paid.[234]
A study conducted by the Center for Public Integrity in July 2022 found that in preceding month, 30% of trans adults had lost their jobs or lived with someone who had, and that in that month trans people experienced hunger at more than twice the rate that cis people did.[235] According to Ross Wicks, director of LGBTQ+ Canadian non-profit Pflag, While more than 60% of Americans favor transgender rights in education and public employment, 41% support a ban on teaching about gender identity in elementary schools.[236]
According to the 2022 US Transgender Survey, 18% of all trans adults face unemployment, while the number living below the poverty line is 34%.[237]
Public factors
[edit]Public support for transgender people has shifted in recent years.
According to the Public Religion Research Institute, support for mandating that trans people use the bathroom corresponding to their gender assigned at birth has risen among all religious groups, with white protestant evangelicals being the highest change, going from 41% in support to 72% in support between 2017 and 2021. 41% of total Americans hold this stance, with 31% disagreeing, and 28% not holding a position on the issue.[238]
60% of American adults reported in the summer of 2022 that they opposed allowing nonbinary marker options on government documents, while 58% reported supporting mandating that trans athletes compete on teams matching their gender assigned at birth.[238]
On the other hand, most Americans have more positive attitudes regarding transgender individuals in the workplace.[239] Although American adults overreport their support in surveys, over two-thirds of them would be comfortable with a transgender manager and support employment nondiscrimination protection for transgender people, even after correcting for this overreporting. However, stated labor market support for transgender people is lower than support for gay, lesbian, and bisexual people.
Social media
[edit]In 2019, a report analyzing 10 million US and UK social media posts over three and a half years found that of that 10 million social media posts, 15% (1.5 million) expressed transphobic sentiment.[240]
A study conducted by Media Matters between February 2019 and February 2020 found that the top five most-interacted sources on Facebook regarding transgender people were LifeSite News, the Daily Caller, the Daily Wire, Western Journal, and the Alliance Defending Freedom, with right wing sources on trans issues receiving 43.33 million interactions, compared to left wing sources receiving only 2.56 million.[241]
In the wake of the Colorado Springs nightclub shooting, in which a man walked into an LGBTQ nightclub and opened fire, Twitter unbanned the accounts of several major anti-trans figures that had previously been suspended for breaking twitter policies regarding the targeting of LGBTQ people,[242] while reformatting its hateful conduct policy so that a provision that banned "targeted misgendering or deadnaming of transgender individuals" was "now effectively dead", according to Vanity Fair.[243]
Politicians
[edit]In February 2022, United States Senate candidate J. D. Vance from Ohio falsely attributed the then looming Russian invasion of Ukraine to transgender rights, saying "We didn't serve in the Marine Corps to go and fight Vladimir Putin because he didn't believe in transgender rights"[244]
In May 2022, United States Representative Paul Gosar issued a statement via Twitter falsely claiming that the mass shooter in the Uvalde school shooting which killed 19 elementary school children, was a "transsexual leftist illegal alien".[245]
A joint report by the Human Rights Campaign and the Center for Countering Digital Hate found that the Twitter accounts of Representative Marjorie Taylor Greene and Representative Lauren Boebert were among the top three sources in the United States for the promotion and propagation of the grooming conspiracy theory.[246] In response, Lauren Boebert stated via Twitter "My tweets about groomers are only third? Guess that means I have to tweet about these sick, demented groomers even more".[247][248]
In September 2022, Senator Ted Cruz of Texas cast attention on a gender affirming healthcare doctor at University of Wisconsin, saying "She does this to children. Sterilizes & mutilates them".[249] Providing gender-affirming healthcare to trans minors is considered best practice by the American Medical Association, American Psychiatric Association, the Endocrine Society, American Academy of Pediatrics, and the World Professional Association for Transgender Health.[250][251][252][253][254]
That same month, Republican Representative Bob Good from Virginia stated his belief that the high suicide rates among trans youth, widely believed to be due to systemic discrimination and lack of access to proper healthcare, were in fact due to sexual "grooming" into being transgender.[255][256] Senate Candidate Herschel Walker from Georgia was also reported as saying that trans children would not be able to get into heaven.[257]
Media involvement
[edit]In April 2022, the left-leaning media watchdog Media Matters published a study stating that within a three week period spanning from March 17 to April 6, Fox News ran 170 segments on trans people, throughout which "the network spread dangerous lies about the trans community and repeatedly invoked the long-debunked myth that trans people pose a threat to minors and seek to groom them".[258]
The New York Times
[edit]In June 2022, the New York Times published a front page article titled "The Battle Over Gender Therapy", which reportedly "uncritically platformed gender-critical group Genspect, and the New York Times Magazine's article said the group has held 'web-based seminars that are critical of social and medical transition'", and that "Some parents, who are part of Genspect, told [the author] that they believed the 'rise in trans-identified teenagers was the result of a 'gender cult' – a mass craze'".[259] The Texas Observer described the article as elevating "a handful of outliers and their discredited theories about trans people to prominence they do not enjoy among the medical community" and that "the article echoes right-wing fear-mongering about whether trans kids should be allowed to transition and even suggests their existence could be dangerous to other young people", noting that "the state of Texas is using it as evidence in an ongoing attempt to investigate trans-supportive healthcare as 'child abuse'".[260]
In July 2022, the New York Times published an op-ed falsely attributing the overturning of Roe v. Wade by six conservative Supreme Court justices, to the existence of trans women causing the "erasure" of "women as a biological category".[261] This article was widely circulated, with Representative Rashida Tlaib issuing a statement in response saying that "During escalating assaults on trans people & trans rights nationwide, the New York Times is featuring writers debating whether trans people should even exist and scapegoating this already-marginalized community."[262]
Since then, the New York Times has published several more pieces arguing in favor of restricting access to gender affirming healthcare for trans people, many of which have been widely criticized as "misinformation" by medical experts.[263][264][265][266]
In February 2023, more than 200 NYT contributors signed an open letter expressing "serious concerns about editorial bias in the newspaper's reporting on transgender, non-binary, and gender nonconforming people". The letter characterized the NYT's reporting as using "an eerily familiar mix of pseudoscience and euphemistic, charged language", and raised concerns regarding the NYT's employment practices regarding trans contributors.[267]
Grooming conspiracy theory
[edit]Popularization of the grooming conspiracy theory in the United States has been linked to Christopher Rufo, who tweeted in August 2021 about "winning the language war," and James A. Lindsay.[268][269] Following the Wi Spa controversy in July 2021, Julia Serano noted that there a rise in false accusations of grooming directed towards transgender people, saying that it appeared as if there was a movement to "lay the foundation for just smearing all trans people as child sexual predators."[270] Libs of TikTok (LoTT) also helped popularize the term 'groomer' as a pejorative for LGBT people, supporters of LGBT youth,[271][272] and those who teach about sexuality.[273] In November 2021 LoTT claimed that the Trevor Project was a "grooming organization" and later in the year claimed that Chasten Buttigieg was "grooming kids."[271]
On February 24, The Heritage Foundation, a conservative Washington, D.C.-based think tank, tweeted that the bill "protects young children from sexual grooming".[274] On March 4, Christina Pushaw, press secretary for Florida Governor Ron DeSantis, referred to the bill as "an anti-grooming bill" and stated via twitter that anyone against it was "probably a groomer".[274]
Since then, numerous right wing pundits began describing the behavior of parents and teachers who want to allow children to express their transgender identity as grooming, and the term "groomer" has become widely used by conservative media and politicians to imply that the LGBTQ community and their allies are pedophiles or pedophile-enablers.[275][276] Slate magazine later described the word "grooming" as "the buzzword of the season".[274]
In April 2022, the left-leaning media watchdog Media Matters published a study stating that within a three week period spanning from March 17 to April 6, Fox News ran 170 segments on trans people, throughout which "the network spread dangerous lies about the trans community and repeatedly invoked the long-debunked myth that trans people pose a threat to minors and seek to groom them".[258]
The Canadian Anti-Hate Network has stated that trans people are "slandered the same way homosexual men were slandered in the 70s, and for the same reason: to deny them safety and equal rights," adding that "the far-right and their fellow travelers in the so-called Gender Critical or Trans-Exclusionary Radical Feminist movements use the exact same tropes in a bid to deny equal rights to trans persons."[277] Florence Ashley of the University of Toronto has stated that the focus of the conspiracy on LGBT+ people and on trans people in particular is used to radicalize public opinion towards the far-right, comparing it to the White genocide conspiracy theory.[278]
According to a joint report in August 2022 by the American Human Rights Campaign, and the British Center for Countering Digital Hate found that the 500 most influential hateful "grooming" tweets were seen 72 million times, and that "grooming" tweets from just ten influential sources were seen 48 million times. It also found that Meta, formerly known as Facebook, had accepted up to $24,987 for ads pushing the grooming conspiracy theory, which had been served to users over 2.1 million times, and that Twitter - despite saying groomer slurs were a violation of its hate speech policy - failed to act on 99% of tweets reported for such.[246]
Restroom access
[edit]An area of legal concern for transgender people is access to restrooms which are segregated by gender. Transgender people have, in the past, been asked for legal identification while entering or using a gendered restroom.[279][280][281] Recent legislation has moved in contradictory directions. On one hand, non-discrimination laws have included restrooms as public accommodations, indicating a right to use gendered facilities which conform with a person's gender identity.[282] On the other, some efforts have been made to insist that individuals use restrooms that match their biological sex, regardless of an individual's gender identity or expression.[283]
Comprehensive legislation
[edit]Numerous jurisdictions and states have passed or considered so-called "bathroom bills" which restrict the use of bathrooms by transgender people, forcing them to choose facilities in accordance with their biological sex.[284][285][286] As of May 2024[update], Alabama, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, Mississippi, North Dakota, Oklahoma, Tennessee and Utah have such laws.[287][288]
On March 23, 2016, North Carolina passed a comprehensive bathroom restriction bill (the Public Facilities Privacy & Security Act, also known as "HB2"), overriding a prior municipal Charlotte non-discrimination ordinance on the same subject.[289] It was quickly signed into law by Gov. Pat McCrory, but on March 30, 2017, following national controversy, the part of the law related to bathrooms was repealed.[290] According to the ACLU, the partial repeal still allowed discrimination against transgender persons.[291]
In April 2016, objecting to the "bathroom predator myth", a coalition of over 200 U.S. organizations for sexual assault and domestic violence survivors noted that, while "over 200 municipalities and 18 states" had legal protections for transgender people, none of these places had tied an increase in sexual violence to these nondiscrimination laws.[292]
In September 2016, California governor Jerry Brown signed a bill requiring all single-occupancy bathrooms to be gender-neutral, effective since March 1, 2017.[293] California is the first U.S. state to adopt such legislation.[294] Vermont, New Mexico and Illinois have since followed suit in 2019.[295]
On May 2, 2019, Tennessee governor Bill Lee signed into law legislation defining a trans person using the bathroom corresponding with their gender identity as "indecent exposure." The Tennessee Equality Project had complained about the bill's original language, and although that language was altered before it became law, the organization still believed the bill was harmful to trans people.[296]
On April 8, 2022, Alabama Governor Ivey signed a bathroom bill applying to public schools.[297] As of March 2024[update], she is likely to sign a similar bill applying to universities.[298]
On May 3, 2023, the Florida legislature passed the "Safety in Private Spaces Act", which the governor was expected to sign, making it a second-degree misdemeanor to use a bathroom other than that which is designated for people of one's sex assigned at birth.[299] An earlier attempt in 2015 had failed.[300]
Indecent exposure charges for restroom use
[edit]In September 2021, following extensive right wing protests, a Los Angeles trans woman was charged by the LAPD with felony indecent exposure after she was recorded using the women's changing room at a local nude spa. The trans woman had two previous convictions for indecent exposure and a conviction for failing to register as a sex offender.[301][302] The nude spa in question had an explicitly trans-inclusive policy, and mandated nudity in gender segregated areas.[303]
In February 2023, another trans woman was charged with indecent exposure for using the changing room at the YWCA in Xenia, Ohio, despite the facility's policy also being one of support.[304]
Schools
[edit]In Doe v. Regional School Unit, the Maine Supreme Court held that a transgender girl had a right to use the women's bathroom at school because her psychological well-being and educational success depended on her transition. The school, in denying her access, had "treated [her] differently from other students solely because of her status as a transgender girl." The court determined that this was a form of discrimination.[305]
In Mathis v. Fountain-Fort Carson School District 8 (2013), Colorado's Division of Civil Rights found that denying a transgender girl access to the women's restroom at school was discrimination. They reasoned, "By not permitting the [student] to use the restroom with which she identifies, as non-transgender students are permitted to do, the [school] treated the [student] less favorably than other students seeking the same service." Furthermore, the court rejected the school's defense—that the discriminatory policy was implemented to protect the transgender student from harassment—and observed that transgender students are in fact safest when a school does not single them out as different. Based on this finding, it is no longer acceptable to institute different kinds of bathroom rules for transgender and cisgender people.[305]
In May 2016, guidance was issued by the United States Department of Justice and the United States Department of Education stating that schools which receive federal money must treat a student's gender identity as their sex (for example, in regard to bathrooms).[219] However, this policy was revoked in 2017.[219]
In October 2016, the Court agreed to take on the case of whether a transgender boy, Gavin Grimm, could use the boys' bathroom in his Virginia high school. Grimm was assigned female at birth but is a transgender male. For a while, he was permitted access to the boys' bathroom but was later denied access after a new policy was adopted by the local school board. The ACLU took on the case, stating that girls objected when he tried to use the girls' bathroom in accordance with the new policy and that he was humiliated when the school directed him to use a private bathroom, unlike other boys. After challenging the policy, he won his case in the Court of Appeals in 2015 in a tie vote.[306][307] This marked the first ruling by an appeals court to find that transgender students are protected under federal laws that ban sex-based discrimination.[308] However, later in 2016 the U.S. Supreme Court agreed to put that ruling on hold.[309] Then in 2017 the U.S. Supreme Court vacated the decision of the 4th U.S. Circuit Court of Appeals and refused to hear the case.[310] Later in 2017, it was announced that the 4th Circuit would send the case back to the district court for the judge to determine whether the case was moot because Grimm graduated.[311] The District Court found the case was not moot, and ruled in favor of Grimm, which was later upheld by the Fourth Circuit on appeal in August 2020, using the Supreme Court's recent decision in Bostock v. Clayton County as a basis for their decision.[312]
A similar case had occurred in the public schools of Dallas, Oregon, which had allowed transgender students to use the restrooms and locker rooms of the school based on their gender identity on the basis of the 2016 federal policy. Parents of other students had sued to have the policy overturned, but the policy was upheld at both the United States District Court for the District of Oregon and the United States Court of Appeals for the Ninth Circuit. The Supreme Court denied to hear the challenge to the Ninth Circuit in November 2020, leaving that decision in place.[313]
Workplace
[edit]Rights to restrooms that match one's gender identity have also been recognized in the workplace and are actively being asserted in public accommodations. In Iowa, for example, discrimination in public accommodations on the basis of sexual orientation and gender identity has been prohibited by law since 2007 through the Iowa Civil Rights Act.[305]
In Cruzan v. Special School District #1, decided in 2002, a Minnesota federal appeals court ruled that it is not the job of the transgender person to accommodate the concerns of cisgender people who express discomfort with sharing a facility with a transgender person. Employers need to offer an alternative to the complaining employee in these situations, such as an individual restroom.[305]
Equal Employment Opportunity Commission (EEOC) chair Charlotte A. Burrows issued guidelines in 2021 stating that "employers may not deny an employee equal access to a bathroom, locker room, or shower that corresponds to the employee's gender identity."[314]
Hate crimes legislation
[edit]Federal hate crimes legislation include limited protections for gender identity. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 criminalized "willfully causing bodily injury (or attempting to do so with fire, firearm, or other dangerous weapon)" on the basis of an "actual or perceived" identity. However, protections for hate crimes motivated on the basis of a victim's gender identity or sexual orientation is limited to "crime affect[ing] interstate or foreign commerce or occur[ring] within federal special maritime and territorial jurisdiction." This limitation only applies to gender identity and sexual orientation, and not to race, color, religion or national origin.[315] Therefore, hate crimes which occur outside these jurisdictions are not protected by federal law.
22 states plus Washington D.C. have hate crimes legislation which includes gender identity or expression as a protected group. They are Vermont, Massachusetts, Connecticut, New Jersey, Delaware, Illinois, Maryland, Missouri, Minnesota, Colorado, New Mexico, Nevada, Rhode Island, Washington, Oregon, California, Hawaii, Maine, Tennessee, Puerto Rico, Utah, Virginia[316] and New York. Twenty-seven states have hate-crimes legislation which exclude transgender people. Six states have no hate-crimes legislation at all.[317]
Numerous municipalities have passed hate-crime legislation, some of which include transgender people. However Arkansas, North Carolina and Tennessee recently passed laws which ban municipalities from enacting such protections for sexual orientation, gender identity or expression.[318][319]
Healthcare
[edit]Transgender people confront two major legal issues within the healthcare system: access to health care for gender transitioning and discrimination by health care workers.
Treatment for adults
[edit]Many Republican legislators across the country are increasingly proposing legislation that would restrict gender-affirming care for adults or make such treatments harder to access. However, no states have succeeded at outright banning gender-affirming care for adults in a way similar to what is being done with minors. Efforts to restrict adults' access to healthcare relies heavily on claims from self-described "gender-critical" organizations such as Genspect that young people should not be recognized as adults until they turn 25.[320][321][322]
As of January 2024, seven states limit access to gender-affirming care for adults in some way without banning it, such as allowing private health plans, Medicaid, and correctional facilities to exclude all coverage for gender-affirming care, prohibiting the use of federal funds for gender-affirming care or requiring informed consent practices beyond those typically required in medical practice.[323]
In January 2024, in a conversation about trans healthcare with several Republican legislators, Michigan State Rep. Josh Schriver asked, "If we are going to stop this for anyone under 18, why not apply it for anyone over 18? It’s harmful across the board and that’s something we need to take into consideration in terms of the endgame." Michigan State Rep. Brad Paquette and Ohio State Rep. Gary Click expressed agreement with that sentiment.[324][325]
As part of his 2024 presidential campaign, Donald Trump has stated that if elected, he will sign an executive order instructing every federal agency to cease the promotion of sex or gender transition at any age as well as ask Congress to pass a bill stating that the United States will only recognize two genders as determined at birth, and has promised to crackdown on gender-affirming care for all ages. Additionally, Trump stated that he would make hospitals and health care providers that provide transitional hormones or surgery no longer qualify for federal funding, including Medicare and Medicaid funding. Trump has also stated he will push to prohibit hormonal and surgical intervention for minors in all 50 states.[326][327][328][329]
These states make it easy for trans adults to sue their doctors:
Any civil action to recover damages for injury suffered as a result of a violation of section 2 of this Act must be commenced before the later of: (1) The date on which the person reaches age twenty-five
- Utah: In January 2023, Utah stripped liability protections from any doctor who treats a trans person under the age of 25, and allowing any trans person under 25 to retroactively "disaffirm" consent and sue the doctor for providing care they had at the time consented to.[330][331][332][333]
- South Dakota: In February 2023, South Dakota passed a law stating that any civil action to recover damages for injury suffered as a result of gender-affirming care performed on a minor must be commenced before the date on which the person reaches age of 25.[334]
- Arkansas: On March 13, 2023, Governor Sarah Huckabee Sanders signed a bill giving adults 15 years to file malpractice lawsuits for gender-affirming care they received as minors, whereas for other types of care (under preexisting law) a malpractice lawsuit must generally be filed within two years.[335]
These states restrict treatment for trans adults (as well as younger people):
- Florida: In August 2022, the state of Florida voted to require any trans adult seeking gender affirming healthcare to receive approval from the Florida Board of Medicine at least 24 hours in advance.[336] On May 17, 2023, DeSantis signed a law[337] banning insurance providers from covering gender-affirming care for adults, as well as banning nurse practitioners and physicians' assistants (estimated to make up 80% of gender affirming care providers) from administering it, and banning it from being offered via telehealth. The Florida state legislature had passed the bill the previous month.[338][339] In June 2024, a judge permanently blocked the law from taking effect.[340] In August 2024, the 11th Circuit Court of Appeals stayed the permanent injunction while the matter is appealed.[341]
- Missouri: In April 2023, the state attorney general issued an emergency order instituting a three-year waiting period of continuous documented dysphoria before qualifying for gender-affirming care, disqualifying people if they have untreated depression or anxiety, mandates a screening for autism, and mandating regular screenings for "social contagion".[342][343][344][345] This has been characterized by many as a de facto ban on trans healthcare for adults, since depression and anxiety are common symptoms of gender dysphoria.[346][347][348] A judge temporarily blocked enforcement of the order and scheduled a hearing for May 11.[349] The attorney general withdrew this order on May 16 after the state legislature passed two bills restricting gender-affirming care for trans youth.[350][351] On June 7, 2023, Governor Mike Parson signed a bill that contained a provision banning gender-affirming care for prisoners, which took effect on August 28.
Treatment for minors
[edit]"Gender-affirming care for minors has been available in the U.S. for more than a decade and is endorsed by major medical associations, but it has increasingly come under attack in many conservative legislatures."[352] Efforts to prohibit gender-affirming care for minors had begun several years earlier, but did not receive much attention from state legislatures until more recently.[353] The conservative organization Do No Harm was influential in developing model legislation that appeared starting in 2022 in Arkansas, Florida, Iowa, Mississippi, Montana, New Hampshire, and West Virginia legislatures.[354][355]
In February 2024, the American Psychological Association approved a policy statement supporting unobstructed access to health care and evidence-based clinical care for transgender, gender-diverse, and nonbinary children, adolescents, and adults, as well as opposing state bans and policies intended to limit access to such care.[356][357]
As of July 2024, 26 states had enacted some form of ban on gender-affirming care for minors, 19 of which were enacted in 2023.[358][359] However, 16 of these bans are being challenged in court as of January 2024.[323] Furthermore, only 18 of the 26 states have complete bans which are fully in effect. Six states have only partial bans and two are currently blocked from taking effect. While some states have banned all forms of medical transition, others such as Arizona, Nebraska, New Hampshire and Georgia have banned only specific types such as hormone therapy or surgery. Six states have exceptions which allow minors who were already receiving gender affirming care prior to the ban to continue their treatments.[323] Currently, all 26 states make exceptions for puberty blockers, hormones and surgery for cisgender and intersex children.[323] Only one state, West Virginia, makes exceptions in cases of "severe dysphoria". There is also currently only one state, Missouri, that has a ban which is set to expire after a certain period of time. Nearly all states with restrictions include specific provisions with penalties for providers and 4 states include provisions directed at parents or guardians.[323] An additional 4 states include laws/policies that impact school officials such as teachers and counselors, among others.[323]
At the same time, many Democrat-controlled states have gone in the opposite direction and enacted laws protecting access to gender affirming care for minors and adults. These laws, often called "shield" laws, often explicitly combine protections for gender-affirming care and abortion and cover a variety of protections including protecting both providers and patients from being punished, mandating insurance providers to cover the procedures and acting as "sanctuary states" that protect patients traveling to the state from other states that have banned such treatments among other things.[360] As of June 2024, 16 states and the District of Columbia have enacted "shield" laws.
Of the approximately 1.6 million Americans who are transgender, about 300,000 are under the age of 18.[361] As of October 2023, approximately 105,200 transgender youth aged 13 to 17 lived in states where gender affirming care is banned for minors. However, around 26,000 of those youth are currently still able to access care in their state due to court orders that prohibit enforcement of the laws. Conversely, around 146,700 transgender youth live in states that have passed gender-affirming care "shield" laws that support access to care by protecting doctors and parents who prescribe or seek access to medical care for youth.[358] An analysis from KFF in late January 2024 estimated that 38% of trans youth between the ages of 13-17 in the United States lived in states with laws limiting youth access to gender-affirming care.[323]
Bans on gender-affirming care have been criticized as governments interfering with the patient-doctor relationship and taking away healthcare decisions from parents and families for their children.[362][363] State level bans on gender-affirming care in the United States have led some families with transgender children to move out of their states.[364][365][366]
Bans for minors
[edit]State | Authority | Signed | Effective | Notes |
---|---|---|---|---|
Arkansas | State legislature | April 6, 2021 | Permanently blocked | On April 6, 2021, the legislature—overriding Governor Asa Hutchinson's veto on a bill that banned puberty blockers, hormones, and surgery for minors and from referring them to other providers.[353] However, courts temporarily[367] and then permanently blocked the law.[368] |
Texas | Texas AG Ken Paxton
Governor Greg Abbott |
February 22, 2022
June 2, 2023 |
Blocked by injunction (order)
September 1, 2023 (legislation) |
In February 2022, the state Attorney General ordered a ban on gender-affirming care for trans youth, with criminal penalties for failing to report suspected violations.[369][370] However, the order is currently blocked by injunction.[371]
In June 2023, the governor signed a law to ban this care for minors.[372] On August 25 , 2023, a district court judge blocked the law from taking effect. In response, the Attorney General's office filed an appeal with the Texas Supreme Court, a move that automatically pauses the judge's injunction and allowed the law to go into effect on September 1, 2023, as originally planned.[373] On June 28, 2024, the Texas Supreme Court upheld the law.[374] |
Alabama | Governor Kay Ivey | April 8, 2022[375] | May 8, 2022[376] | It is a felony for a medical provider to give gender-affirming healthcare to transgender people under 19 (the age of majority in Alabama). In May 2022, a federal judge ruled that the ban on surgery was enforceable. However, the ban on puberty blockers and hormones was not enforceable while the law is challenged in court.[377] In August 2023, the 11th U.S. Circuit Court of Appeals reversed the decision, allowing the ban on puberty blockers and hormones to take effect.[378] |
Utah | Governor Spencer Cox | January 27, 2023[330][331][332][333] | ||
South Dakota | Governor Kristi Noem | February 13, 2023[379][380][381] | ||
Mississippi | Governor Tate Reeves | February 28, 2023[382][383] | ||
Tennessee | Governor Bill Lee | March 2, 2023[384][385] | ||
Florida | Florida Board of Medicine
Governor Ron DeSantis |
August 26, 2024 (legislation)
Blocked (state board of medicine rule) |
The state board of medicine rule took effect on March 16, 2023.[386][387] Additionally, on May 17, 2023, Governor DeSantis signed a ban into law, and it took effect immediately. It applies only to new patients, not those who were already receiving gender-affirming care.[388] However, on June 6, 2023, a court temporarily blocked enforcement of both the board rule and the law.[389] In June 2024, a judge permanently blocked the law from taking effect.[340] In August 2024, the 11th Circuit Court of Appeals stayed the permanent injunction while the matter is appealed.[341] | |
Iowa | Governor Kim Reynolds | March 22, 2023[390] | ||
Georgia | Governor Brian Kemp | March 23, 2023[391] | July 1, 2023 | Bans hormones and surgery while continuing to allow puberty blockers. Minors who began hormones prior to July 1, 2023 are allowed to continue treatment.[392][393] |
West Virginia | Governor Jim Justice | March 29, 2023[394] | The bill makes exceptions for minors who have received parental consent and are diagnosed with "severe gender dysphoria" by two doctors. Due to this exception, experts do not expect the ban to have much of an impact.[395] | |
Kentucky | State legislature | March 29, 2023 | July 14, 2023 | The legislature overrode Governor Andy Beshear's veto, banning gender-affirming healthcare for trans minors.[396] Federal appeals judges allowed the ban to remain in effect during legal challenges to overturn it.[397][398] |
Arizona | Governor Doug Ducey | March 30, 2022 | March 31, 2023 | Bans gender-affirming surgery for minors, but not hormones and puberty blockers. The bill also makes some exceptions, including in the case of someone born intersex.[399][400] In mid 2023, a new Governor, Katie Hobbs reversed course by signing a series of executive orders which include shield-style protections for gender-affirming care, ensuring that it remains legal in Arizona. It also bans conversion therapy, requires insurance plans to cover gender-affirming care and bars state agencies from cooperating with civil and criminal cases in states where gender-affirming health care is illegal.[401] |
Idaho | Governor Brad Little[402][403] | April 4, 2023 | April 15, 2024 | It would also make it a felony for any medical practitioner to help a minor seek gender-affirming treatment. On December 27, 2023, a federal judge blocked the law from taking effect.[404] On April 15, 2024, the US Supreme Court responded to an emergency request filed in February by temporarily allowing the ban to go into effect while further legal challenges to it play out in the lower courts. The ruling did not resolve the underlying legal challenges raised by the case nor did the justices rule on the larger issue of bans on gender-affirming treatment for minors. The ruling also does not apply to the two plaintiffs in the lawsuit.[405][406] |
Indiana | Governor Eric Holcomb[407] | April 5, 2023 | February 27, 2024 | On June 16, 2023, a federal judge temporarily blocked the law from taking effect.[408] On February 27, 2024, the 7th Circuit Court of Appeals reversed the decision allowing the ban to take effect.[409] |
North Dakota | Governor Doug Burgum | April 20, 2023 | On April 20, 2023, North Dakota Governor Doug Burgum signed a law criminalizing trans health care for minors. However, the law notably makes exceptions for medication treatment for "rare circumstances with parental consent". The law also allows medication treatment for early onset puberty and minors who were already receiving gender-affirming care will still be able to receive treatment.[410] | |
Montana | Governor Greg Gianforte | April 28, 2023[411] | Blocked | Treatments such as puberty-blockers and breast-reduction surgery will still be legal for minors who are not suffering from gender dysphoria. On September 27, 2023, a Montana District Court judge prevented it from taking effect.[412] |
North Carolina | State legislature | August 17, 2023 | Ban on gender-affirming care, such as hormones, puberty blockers, and surgery, for minors. The ban only applies to transgender children and still allows such treatments for intersex and cisgender children. The ban also only applies to new patients. Transgender children who started treatment prior to August 1, 2023 will be allowed to continue receiving treatment.[413] Governor Roy Cooper vetoed the bill on July 5, 2023,[414] but the state legislature overruled his veto on August 17, therefore making the bill law.[415] | |
Missouri | Governor Mike Parson | June 7, 2023 | August 28, 2023 | People receiving puberty blockers or hormones before the ban went into effect may continue taking them. Otherwise, blockers and hormones are banned until 2027. Surgery is also banned. |
Louisiana | State Legislature | January 1, 2024 | On June 29, 2023, John Bel Edwards vetoed a ban on blockers, hormones, and surgery for minors. On July 18, the Louisiana State Legislature overrode his veto. | |
Oklahoma | Governor Kevin Stitt | May 1, 2023 | On May 1, 2023, Governor Kevin Stitt signed a bill that makes it a felony for doctors to provide gender-transition medical care for anyone under the age of 18.[416] In October 2023, a judge declined to stop the law from taking effect.[417] | |
Nebraska | Governor Jim Pillen | October 2, 2023 | October 2, 2023 | On October 2, 2023, the state Department of Health and Human Services announced that Republican Governor Jim Pillen had approved emergency regulations banning gender affirming surgeries for minors. Puberty blockers and hormone treatments for minors still remain legal, however applicants must now wait seven days and undergo at least 40 hours of "clinically neutral" therapy before starting them. The new regulations went into effect immediately.[418] |
Ohio | State legislature | August 6, 2024 | On January 5, 2024, Governor Mike DeWine signed an executive order banning gender-affirming surgeries for minors.[419] Previously, on December 29, 2023, he had vetoed the Saving Adolescents from Experimentation (SAFE) Act (HB68) passed (mostly along party lines) by the Ohio Legislature on December 13 which banned gender-affirming surgeries as well as hormones and puberty blockers for minors. The bill includes exceptions for this kind of care for non-transgender youth, and it allows children who were already receiving gender-affirming care in Ohio to continue their treatment.[420] On January 24, 2024, the legislature overrode DeWine's veto thereby making HB68 law.[421] On April 16, 2024, a judge temporarily blocked the ban from taking effect.[422] On August 6, 2024, a judge overturned the injunction and allowed the law to take effect immediately. The plaintiffs immediately announced an appeal.[423] | |
Wyoming | Governor Mark Gordon | March 22, 2024 | July 1, 2024 | On March 22, 2024, Wyoming Governor Mark Gordon signed a law criminalizing trans health care for minors.[424] |
South Carolina | Governor Henry McMaster | May 21, 2024 | May 21, 2024 | On May 21, 2024, South Carolina Governor Henry McMaster signed a law banning trans health care for minors. The law, which went into effect immediately, also requires principals, teachers and other school staff members to tell parents when their children want to use a name other than their legal one, or pronouns that do not match their sex assigned at birth. It also bars adults under 26 from using Medicaid to cover the costs for trans health care.[425] This part of the bill is in direct opposition to a 4th U.S. Circuit Court of Appeals ruling from the month prior which ruled that state Medicaid bans on gender-affirming care in the 4th Circuit, which includes South Carolina, are unconstitutional.[426] |
New Hampshire | Governor Chris Sununu | July 19, 2024 | January 1, 2025 | On July 19, 2024, New Hampshire Governor Chris Sununu signed a law banning gender-affirming genital surgeries for minors. However, puberty blockers, hormones and non-genital surgeries such as mastectomies remain legal for trans youth.[427][428] |
Protections for minors
[edit]State | Authority | Signed | Effective | Notes |
---|---|---|---|---|
Connecticut | Governor Ned Lamont | May 5, 2022 | May 5, 2022 | On May 5, 2022, Governor Ned Lamont signed House Bill 5414, a shield law that designates Connecticut as a "safe harbor" which protects people who provide abortions and gender affirming care in the state, as well as legal protections for people seeking abortions and gender-affirming health care from out-of-state.[429][430] |
Massachusetts | Governor Charlie Baker | July 29, 2022 | July 29, 2022 | On July 29, 2022, Governor Charlie Baker signed a shield law which protects access to abortion and gender-affirming health care in the state.[431] |
California | Governor Gavin Newsom | September 30, 2022 | January 1, 2023 | On September 30, 2022, Governor Gavin Newsom signed SB 107, a shield law which designates California as a "sanctuary state" for trans youth and their families who are fleeing from other states that have banned the practice.[432] |
District of Columbia | Mayor Muriel Bowser | November 21, 2022 | November 21, 2022 | On November 21, 2022, Mayor Muriel Bowser signed into law D.C. ACT 24-646, the Human Rights Sanctuary Amendment Act of 2022, which protects the right to bodily autonomy and of those seeking care for abortion, contraception, sexual conduct, intimate relationships, and gender affirmation.[433] |
Illinois | Governor JB Pritzker | January 13, 2023[434] | January 13, 2023 | On January 13, 2023, Governor JB Pritzker signed into law HB4664, a reproductive rights and gender affirming care omnibus bill that protects health care providers and their patients from legal attacks by neighboring states and expands reproductive and gender affirming health care access and options across the state. The bill takes historic action to protect Illinois providers and their patients, thousands of whom have traveled to Illinois to access essential care now banned in their home states. |
New Mexico | Governor Michelle Lujan Grisham | March 16, 2023 | March 16, 2023 | On March 16, 2023, Governor Michelle Lujan Grisham signed into law House Bill 7, the Reproductive and Gender-Affirming Health Care Act, which prohibits public bodies, including local municipalities, from denying, restricting, or discriminating against an individual's right to use or refuse reproductive health care or health care related to gender.[435] |
Vermont | Governor Phil Scott | March 29, 2023 | September 2023 | On March 29, 2023, Governor Phil Scott signed into law House Bill 89 and Senate Bill 37, which establish a slate of protections for both providers and seekers of gender affirming health care, as well as those seeking or administering abortions.[436] |
New Jersey | Governor Phil Murphy | April 4, 2023 | April 4, 2023 | On April 4, 2023, Governor Phil Murphy signed Executive Order No. 326 establishing New Jersey as a safe haven for gender-affirming health care by directing all state departments and agencies to protect all persons, including health care professionals and patients, against potential repercussions resulting from providing, receiving, assisting in providing or receiving, seeking, or traveling to New Jersey to obtain gender-affirming health care services.[437] |
Colorado | Governor Jared Polis | April 14, 2023 | April 14, 2023 | On April 14, 2023, Governor Jared Polis signed into law a trio of health care bills enshrining access to abortion and gender-affirming procedures and medications in Colorado. These bills ensure people in surrounding states and beyond can go to Colorado to have an abortion, begin puberty blockers or receive gender-affirming surgery without fear of prosecution.[438] |
Minnesota | Governor Tim Walz | April 27, 2023 | April 27, 2023 | On April 27, 2023, Governor Tim Walz signed a shield law protecting minors fleeing from other states to receive gender-affirming care. It also amends child custody and child welfare provisions related to out-of-state laws interfering in the use of gender-affirming health care; amending provisions related to warrants, arrests, and extraditions related to out-of-state laws on gender-affirming health care. It also rules that a court order for the removal of a child issued in another state because the child's parent or guardian assisted the child in receiving gender-affirming care in this state must not be enforced in this state. In addition, it rules that a law of another state that authorizes a state agency to remove a child from the child's parent or guardian because the parent or guardian allowed the child to receive gender-affirming health care is against the public policy of this state and must not be enforced or applied in a case pending in a court in this state.[439] |
Washington | Governor Jay Inslee | May 9, 2023 | May 9, 2023 | On May 9, 2023, Governor Jay Inslee signed a shield law designating Washington as a "sanctuary state" for trans youth.[440] |
Maryland | Governor Wes Moore | June 6, 2023 | June 6, 2023 | On June 6, 2023, Governor Wes Moore signed an executive order to protect gender affirming health care in Maryland. The order will protect those seeking, receiving, or providing gender affirming care in Maryland from attempts at legal punishment by other states.[441] |
New York | Governor Kathy Hochul | June 26, 2023 | June 26, 2023 | On June 26, 2023, Governor Kathy Hochul signed a shield law designating New York as a "sanctuary state" for trans youth. This law protects access to transition-related medical care for transgender minors and bars state courts from enforcing the laws of other states that might authorize a child to be taken away if the parents provide gender-affirming medical care, including puberty blockers and hormone therapy. It also prohibits New York courts from considering transition-related care for minors as child abuse and bars state and local authorities from cooperating with out-of-state agencies regarding the provision of lawful gender-affirming care in New York.[442] |
Arizona | Governor Katie Hobbs | June 28, 2023 | June 28, 2023 | On March 30, 2022, Governor Doug Ducey signed a bill banning gender-affirming surgery for minors, but not hormones and puberty blockers. The bill also makes some exceptions, including in the case of someone born intersex.[399] On June 28, 2023, a new Governor, Katie Hobbs reversed course by signing a series of executive orders which include shield-style protections for gender-affirming care, ensuring that it remains legal in Arizona. It also bans conversion therapy, requires insurance plans to cover gender-affirming care and bars state agencies from cooperating with civil and criminal cases in states where gender-affirming health care is illegal.[401] |
Oregon | Governor Tina Kotek | July 13, 2023 | July 13, 2023 | On May 9, 2023, Governor Tina Kotek signed a law protecting access to abortion and gender affirming care for trans youth. Minors between the ages of 15 and 17 can receive gender affirming care without parental permission, whereas youth ages 14 and under must have parental permission.[443] |
Maine | Governor Janet Mills | April 23, 2024 | April 23, 2024 | On April 23, 2024, Governor Janet Mills signed a shield law designating Maine as a "sanctuary state" for gender-affirming care and abortion providers and makes access to such treatments "legal rights" in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the access to that care occurred in Maine. Additionally, the bill prevents cooperation with out-of-state arrest warrants for gender-affirming care and abortion that happen within the state. It also protects doctors who provide gender-affirming care and abortion from actions by medical boards, malpractice insurance, and other regulating entities that seek to economically harm them or dissuade them from providing care. The bill also explicitly enshrines WPATH's Standards of Care into state law for the coverage of transgender healthcare.[444][445] |
Rhode Island | Governor Daniel McKee | June 25, 2024 | June 25, 2024 | On June 25, 2024, Governor Daniel McKee signed a shield law designating Rhode Island as a "sanctuary state" for gender-affirming care and abortion providers and makes access to such treatments "legal rights" in Rhode Island. The bill also protects providers from being sued for providing care.[446] |
Related studies
[edit]In one 2016 study, the effect of puberty blockers was shown to be fully reversible.[447] Earlier studies (e.g., these in 2012 and 2015) indicated ongoing long-term research into potential effects on the brain.[448][449]
Awareness of providers
[edit]The lack of knowledge and education related to transgender health is an obstacle transgender people face.[450] A 2011 study published in JAMA reported that medical students cover up to "only five hours" of LGBT related content.[451] A different study done by Lambda Legal in 2010 stated that 89.4% of transgender people felt that there are not enough medical providers that are "adequately trained" for their needs.[452] This lack of medical training makes it harder for transgender people to find suitable and proper healthcare.[450] A 2014 report by the Department of Justice found that 50% of trans people had actually had to teach their medical providers about trans healthcare.[148]
Discrimination
[edit]A 2014 report by the Department of Justice found that 28% of trans people reported being harassed in medical settings, 19% reported being refused care, 2% reported being physically attacked in a doctor's office, 10% reported being sexually assaulted in one, 9% had been involuntarily committed, and 3% subjected to unwanted medical procedures. The report further found that it was not uncommon for trans people to be forced by psychiatric professionals to provide sexual favors in exchange for being allowed continued access to gender affirming medical care.[148]
Transgender people also sometimes experience discrimination by healthcare professionals, who have refused to treat them for conditions both related and unrelated to their gender identity.[453][454][455] A 2017 report by the Center for American Progress found 29 percent of transgender people reporting they were denied care by a medical provider in the preceding year due to their gender identity or sexual orientation. The same study found that 21 percent of trans people reported medical providers used abusive or harsh language when they sought care.[456]
The Affordable Care Act (ACA) of 2010, specifically Section 1557, prohibits sex discrimination in federally funded health care facilities, and in 2012 the federal Department of Health and Human Services (HHS) clarified that this includes discrimination based on transgender status. The government's final rule in 2016 determined that the ACA forbid discrimination based on gender identity.[457] The ACA also forbids insurance providers from refusing to cover a person based on a pre-existing condition, including being transgender. However, a federal judge in Texas in 2016 issued a nationwide injunction stopping the ACA's transgender antidiscrimination protections from taking effect, and in 2019 that same court issued a final ruling that was binding on HHS.[458][457] On June 12, 2020, the Trump administration issued a new rule stating that sexual orientation and gender identity were not covered under the anti-discrimination protections of the Affordable Care Act.[459] This rule was in effect for nearly a year until it was reversed by the Biden administration, restoring the Obama-era policy.[460]
Complaints sent to HHS during the Trump administration indicated that medical providers were still frequently denying care to transgender people on the basis of their gender identity.[458]
Some jurisdictions have their own laws prohibiting discrimination on the basis of sex, gender identity or gender expression in public accommodations, as well as under medical malpractice and misconduct law.[461]
In 2020, the Supreme Court ruled in Bostock v. Clayton County that discrimination on the basis of sexual orientation or gender identity is necessarily also discrimination "because of sex" as prohibited by Title VII of the Civil Rights Act of 1964, and thus that Title VII protects employees against such discrimination.
A 2022 study on the allocation of ventilators during the pandemic found that respondents across the entire political spectrum were, when presented with the choice between allocating a ventillator to a cisgender man or a transgender person, on average less likely to allocate it to the trans person than to the cis man. In particular, respondents with conservative political leanings, when given a choice between allocating a ventilator to a cis man or a trans woman, were 14.3% less likely to allocate it to the trans woman, and when given a choice between allocating a ventilator to a cis man or a trans man, were 18.6% less likely to allocate it to the trans man.[462]
Republican amendments to funding bills could defund trans healthcare, affecting hundreds of thousands of trans adults and children by restricting access to essential medical treatments like hormone therapy and surgeries.[463]
Catholic hospitals
[edit]1 in 6 patients in the United States are treated in a Catholic facility.[464] In March 2023, the United States Catholic Bishops issued guidelines for Catholic hospitals, entitled "Moral Limits to the Technological Manipulation of the Human Body", which banned the provision of gender affirming healthcare by such hospitals entirely.[465]
Trans Broken Arm Syndrome
[edit]A common form of discrimination in healthcare settings is known as "trans broken arm syndrome", in which a doctor mistakenly assumes that a trans person's medical ailments stem from their trans status or gender-affirming care and consequently treats their problem incorrectly or denies them care entirely. Trans patients often hide their trans status when visiting a doctor if their problem, such as a broken arm, isn't related to their trans status.[466] This is especially common in rural or more conservative areas.[467]
A 2022 survey from the Center for American Progress revealed that 19 percent of trans individuals had experienced this form of discrimination in the past year.[468]
Medical privacy
[edit]Transgender people have the right to medical privacy. According to the Health Insurance Portability and Accountability Act (HIPAA), medical providers and insurance companies are prohibited from disclosing any personal medical information including a person's transgender status.[469] HIPAA also allows transgender people to access and receive a copy of their medical records from health care facilities.[469]
Insurance coverage
[edit]It can be difficult for transgender people to find insurance coverage for their medical needs.[470]
Even though there is medical consensus that hormone therapy and sex reassignment surgery (SRS) are medically necessary for many transgender people, the kinds of health care associated with gender transition are sometimes misunderstood as cosmetic, experimental or simply unnecessary. This has led to public and private insurance companies denying coverage for such treatment.[471] Courts have repeatedly ruled that these treatments may be medically necessary and have recognized gender dysphoria as a legitimate medical condition constituting a "serious medical need".[472]
The ban on Medicare coverage for gender reassignment surgery was repealed by the US Department of Health and Human Services in 2014. Insurance companies, however, still hold the authority to decide whether the procedures are a medical necessity.[470] Thus, insurance companies can decide whether they will provide Medicare coverage for the surgeries.[470]
Under federal tax laws, the Internal Revenue Code, section 213, defines the purpose of "medical care" as "for the diagnosis, cure, mitigation, treatment, or prevention of disease, or for the purpose of affecting any structure or function of the body."[473] Only cosmetic surgeries promoting the physical or mental health of an individual can qualify for medical deductions. Transgender people have used the diagnosis of gender dysphoria to qualify for deductible health care.[473]
The idea that transition-related care is cosmetic or experimental has been ruled as discriminatory and out of touch with current medical thinking. The AMA and WPATH have specifically rejected these arguments, and courts have affirmed their conclusion.[474][475] In a case brought by Gay and Lesbian Advocates and Defenders (GLAD), O'Donnabhain v. Commissioner, for instance, the Internal Revenue Service lost its claim that such treatments were cosmetic and experimental when a transgender woman deducted her SRS procedures as a medical expense. Courts have also found that psychotherapy alone is insufficient treatment for gender dysphoria, and that for some people, SRS may be the only effective treatment.[472]
In April 2024, The Biden administration announced expansive new protections for gay and transgender medical patients, prohibiting federally funded health providers and insurers from discriminating on the basis of sexual orientation and gender identity. The new rules overturn Trump-era restrictions, but preserve religious exemptions.[476] In June 2024, the Attorney Generals in fifteen Republican-led states sued the Biden administration over the new rules. On July 3, 2024 a federal judge temporarily blocked enforcement of the new rule.[477]
State Medicaid Coverage
[edit]In June 2022, the Florida Agency for Healthcare Administration, the agency which is responsible for overseeing the state's Medicaid service, released a report which stated that transgender hormone therapy is "experimental and investigational".[478][479]
The report was quickly rebuffed by the wider scientific community, with experts from Yale in July publishing an analysis in which they stated that the report ignored accepted scientific studies and consensus regarding gender dysphoria, had its writers chosen from those with ties to anti-LGBTQ groups specifically for their bias, cited sources with no scientific merit - including a student blog post and a letter to the editor, and that if the state used the same standard it used in the report to evaluate other treatments, it would no longer allow Medicaid to pay for a wide array of common medications.[479]
The Yale analysis also stated that "it seems clear that the report is not a serious scientific analysis but, rather, a document crafted to serve a political agenda" and that "medical treatment for gender dysphoria does meet generally accepted professional medical standards and is not experimental or investigational".[480]
Prisoners' rights
[edit]In 1992, UC Irvine researchers published an article detailing medical experiments performed on every trans female inmate in the California state prison system, ending with all subjects being indefinitely taken off hormone therapy. The authors wrote: "withdrawal of therapy was also associated with adverse symptoms in 60 of the 86 transsexuals. Rebound androgenization, hot flashes, moodiness, and irritability or depression were the most frequent complaints."[481] At the time, no right to access gender appropriate care existed in California state prisons.
According to the Vera Institute, 16% of trans adults in the US have been incarcerated, compared to 2.7% of cis adults, and trans people make up 59% of prison sexual assault victims.[133]
In September 2011, a California state court denied the request of a California inmate, Lyralisa Stevens, for sex reassignment surgery at the state's expense.[482]
On January 17, 2014, in Kosilek v. Spencer a three-judge panel of the First Circuit Court of Appeals ordered the Massachusetts Department of Corrections to provide Michelle Kosilek, a Massachusetts inmate, with sex reassignment surgery. It said denying the surgery violated Kosilek's Eighth Amendment rights, which included "receiving medically necessary treatment ... even if that treatment strikes some as odd or unorthodox".[483]
On April 3, 2015, the U.S. Department of Justice intervened in a federal lawsuit filed in Georgia to argue that denying hormone treatment for transgender inmates violates their rights. It contended that the state's policy that only allows for continuing treatments begun before incarceration was insufficient and that inmate treatment needs to be based on ongoing assessments.[484] The case was brought by Ashley Diamond, an inmate who had used hormone treatment for seventeen years before entering the Georgia prison system.[485]
On May 11, 2018, the US Bureau of Prisons announced that prison guidelines issued by the Obama Administration in January 2017 to allow transgender prisoners to be transferred to prisons housing inmates of the gender which they identify with had been rescinded and that assigned sex at birth would once again determine where transgender prisoners are jailed.[486]
In August 2022, a federal judge in Nebraska ruled against a transgender woman who had been denied gender affirming care in prison, and placed in a cell with a male sex offender that proceeded to sexually assault her. In his ruling, the judge declared there to be insufficient evidence of deliberate indifference on the prison's part to the plaintiff's gender dysphoria, and that the plaintiff hadn't sufficiently proven that she'd suffered more than minimal injuries from the sexual assault, stating that he found no support for the notion that a substantial risk of harm or deliberate indifference to it "could be plausibly inferred from a prospective cellmate's conviction of sexual offenses coupled with the alleged vulnerability of a transgender inmate transitioning to a woman in a men's prison".[487]
V-coding
[edit]A 2018 report from the Indiana Maurer University School of Law, along with a subsequent report in the UCLA Journal of Gender and Law,[488] found that it was common for trans women placed in men's prisons to be assigned to cells with aggressive cisgender male cellmates as both a reward and a means of placation for said cellmates, so as to maintain social control and to, as one inmate described it, "keep the violence rate down". Trans women used in this manner are often raped daily. This process is known as "V-coding", and has been described as so common that it is effectively "a central part of a trans woman's sentence".[489]
The report also found it common for correctional officers to publicly strip search trans women inmates, before putting their bodies on display for not only the other correctional officers, but for the other prisoners. Trans women in this situation are sometimes made to dance, present, or masturbate at the CO's discretion.[489]
The prisoners serving as "customers" for these women are informally referred to as "husbands". A 2021 California study found that 69% of trans women prisoners reported being made to perform sexual acts they would have rather not, 58.5% reported being violently sexually assaulted, and 88% overall reported being made to take part in a "marriage-like relationship".[490] Trans women who physically resist the rape are often criminally charged with assault and placed in solitary confinement, the assault charge then being used to extend the woman's prison stay and deny her parole.[491]
Immigration
[edit]In 2000, the US Ninth Circuit Court of Appeals concluded that "gay men with female sexual identities [sic] in Mexico constitute a 'particular social group'" that was persecuted and was entitled to asylum in the US (Hernandez-Montiel v. INS).[492][493] Since then, several cases have reinforced and clarified the decision.[494] Morales v. Gonzales (2007) is the only published decision in asylum law that uses "male-to-female transsexual" instead of "gay man with female sexual identity".[494] An immigration judge stated that, under Hernandez-Montiel, Morales would have been eligible for asylum (if not for her criminal conviction).[495]
Critics have argued that allowing transgender people to apply for asylum "would invite a flood of people who could claim a 'well-founded fear' of persecution".[493] Precise numbers are unknown, but Immigration Equality, a nonprofit for LGBT immigrants, estimates hundreds of cases.[493]
The United States has no process for accepting visa requests for third gender citizens from other countries. In 2015, trans HIV activist Amruta Alpesh Soni's request for a visa was delayed because her gender is listed as "T" (for transgender) on her Indian passport. In order to receive a visa, the State Department requires the gender identification on the visa to match the gender identification on the passport.[496]
Military
[edit]Currently, transgender people are allowed to fully serve in the military and have been able to since 2021.
History
[edit]Discharges for gender transitioning were once commonplace. In one case, a trans person who had had gender-reassignment surgery was discharged from the Air Force Reserve, a decision supported by the Court of Appeals.[497][498]
Obama administration
[edit]In 2015, the Pentagon reviewed its policy regarding transgender service members and announced that its ban would be removed.[499] It announced on June 30, 2016, that, effective immediately, existing servicemembers who came out as transgender would no longer be discharged, denied reenlistment, involuntarily separated, or denied continuation of service simply because of their gender,[500] and that, starting in July 2017, people who already identify as transgender were welcome to join the military so long as they had already adapted to their self-identified gender for at least an 18-month period.[500]
Trump administration
[edit]President Donald Trump tweeted on July 26, 2017, that transgender individuals will not be allowed to "serve in any capacity in the U.S. military".[501] Chairman of the Joint Chiefs of Staff General Joseph Dunford pushed back, saying that the Secretary of Defense needed time to review this order. "In the meantime," he said, "we will continue to treat all of our personnel with respect."[502] On August 1, 2017, the Palm Center released a letter signed by 56 retired generals and admirals, opposing the proposed ban on transgender military service members. The letter stated that, if implemented, the ban would "deprive the military of mission-critical talent" and would compel cisgender service members "to choose between reporting their comrades or disobeying policy".[503] To challenge Trump's intended policy, at least four lawsuits were filed (Jane Doe v. Trump, Stone v. Trump, Karnoski v. Trump, and Stockman v. Trump), as well as bipartisan Senate and House bills (S. 1820 and H.R. 4041). On August 25, 2017, Trump signed a presidential memorandum to formalize his request for an implementation plan from the Secretary of Defense and the Secretary of Homeland Security.[504] Several days later, Secretary of Defense Jim Mattis announced that he would set up a panel of experts to provide recommendations and that, meanwhile, currently serving transgender troops would be allowed to remain.[505] After another memorandum in 2018, and a further memorandum in 2019, the procedures regarding serving in the armed forces were finalized.
Biden administration
[edit]President Joe Biden overturned the laws the Trump Administration put in place to ban transgender people from serving in the military on January 25, 2021, only five days after he took the oath of office.[506] Biden said, "It is my conviction as Commander in Chief of the Armed Forces that gender identity should not be a bar to military service. Moreover, there is substantial evidence that allowing transgender individuals to serve in the military does not have any meaningful negative impact on the Armed Forces."
Biden's executive order was implemented in a step by step process. The order Trump signed banning transgender people from the military was to be reversed, the Department of Defense was to correct the record of anyone dismissed from service due to their gender identity, and the Secretary of Defense and the Secretary of Homeland Security were to begin the process of allowing transgender service members to serve openly. On April 30, 2021, the United States Department of Defense enacted a new policy which required better medical service and assistance to transgender people serving in the United States Military.[507]
In February 2024, the Veterans Administration issued a final ruling that it would not cover gender-affirming surgery.[508][509]
Taxes
[edit]IRS Publication 502[510] lists medical expenses that are tax-deductible to the extent they 1) exceed 7.5% of the individual's adjusted gross income, and 2) were not paid for by any insurance or other third party. For example, a person with $20,000 gross adjusted income can deduct all medical expenses after the first $1,500 spent. If that person incurred $16,000 in medical expenses during the tax year, then $14,500 is deductible. At higher incomes where the 7.5% floor becomes substantial, the deductible amount is often less than the standard deduction, in which case it is not cost-effective to claim.
IRS Publication 502 includes several deductions that may apply to gender transition treatments, including some operations.[510] The deduction for operations was denied to a trans woman but was restored in tax court.[511] The deductibility of the other items in Publication 502 was never in dispute.
Sports
[edit]26 U.S. States have banned transgender people from sports under their gender identity in various capacities. These states include Texas,[514] Arkansas,[515] Florida,[516] Alabama,[517] Oklahoma,[518] Kentucky,[519] Mississippi,[520] Tennessee,[521] West Virginia,[522] South Carolina,[523] Utah,[524] South Dakota,[525] Montana,[526] Iowa,[527] Arizona,[528] Idaho,[529] Wyoming,[530] Indiana,[531] Louisiana,[532] Kansas, Georgia,[533] North Dakota,[534] New Hampshire,[428] North Carolina, Alaska and Ohio. The passage of legislation against transgender youth has seen increases in calls to Trans Lifeline, a suicide crisis hotline run by and for transgender people.[535] Some of these bans only apply to school sports and some only apply to transgender women, but not transgender men.
In Oklahoma, all students who wish to play sports must submit a notarized affidavit of biological sex assigned at birth, under penalty of perjury.[536]
In August 2022, USA Cycling, citing new regulations on trans athletes, retroactively stripped trans woman Leia Genis of her silver medal earned at the Track National Championships that had taken place in 2022.[537]
Transgender rights organizations have argued that these discriminatory laws are not about protecting women's sports, but rather are attempts to "undermine the existence of transgender people."[538] Transgender advocates have noted that hormone replacement therapy and testosterone suppression reduces muscle mass and physical strength in transgender women, reducing the possibility of a competitive advantage.[539] Transgender inclusion in sports is supported by the Women's Sports Foundation, the Women's National Basketball Players Association (WNBPA), the National Women's Law Center, and Athlete Ally, as well as United States Women's National Soccer Team Captain Megan Rapinoe, tennis legend Billie Jean King, WNBA Minnesota Lynx coach Cheryl Reeve, and WNBA star Candace Parker.[540][541][542][543]
The US Department of Education has said transgender students are protected under Title IX.[544]
In November 2022, the 9th Circuit Court of Appeals ruled that the Miss United States of America pageant was allowed to categorically bar trans women from the competition, stating that the pageant's purpose was to celebrate "the ideal vision of American womanhood", and that allowing trans women to compete would make the pageant unable to do this. (This is a different pageant from Miss USA, which does admit trans women.)[545][546]
In early 2023, the Florida High School Athletics Association recommended that all female athletes be mandated to supply up to date information on their menstrual cycles to a database accessible by their school's administrators. This was speculated by many to be a method of both enforcing abortion restrictions, and detecting any female athletes who might be trans women in violation of the state's ban.[547]
In early 2023, a federal bill that would ban transgender women from competing in women's sports nationwide was introduced as HR 734, "Protecting Women and Girls in Sports Act."[223] The bill passed the house in April 2023 with all republicans voting for it and all democrats voting against it. The senate is not expected to take up the bill and President Biden vowed to veto it if it reached his desk.[548][549]
Biden administration rule change
[edit]In April 2023, the Biden administration proposed a Title IX rule change which would declare blanket "one size fits all" bans on trans athletes from teams consistent with their genders, a violation of Title IX, but would authorize such bans if done for a number of reasons, including "fairness in competition". According to the proposal, this would most likely mean that bans that apply to elementary school students would be forbidden, but bans on high school and college students would be authorized under Title IX.[550][551]
After two delays, the final changes to Title IX were published in April 2024. The new changes cemented protections for LGBT students under federal law and reversed a number of Trump-era policies that dictated how schools should respond to cases of alleged sexual misconduct in K-12 schools and college campuses. They also effectively broadened the scope of Title IX by extending the law's reach to prohibit discrimination and harassment based on sexual orientation and gender identity, and widen the range of sexual harassment complaints that schools will be responsible for investigating. However, it did not explicitly say schools are forbidden from banning transgender women from competing in women's sports.[552][553] In response to these new changes, over 20 republican-led states sued the Biden Administration and refused to follow the new rules.[554] In June 2024, a judge temporarily blocked President Biden's proposed changes to the interpretation of Title IX in Texas.[555] A few days later, a judge issued a injunction temporary blocking the rules in Idaho, Louisiana, Mississippi and Montana.[556][557] The week after that, a judge temporarily blocked the law in Tennessee, Kentucky, Ohio, Indiana, Virginia and West Virginia.[558] On July 2, 2024, a federal judge temporarily blocked the law in Kansas, Alaska, Utah and Wyoming.[559] This ruling also blocks the rule from taking effect in schools in Stillwater, Oklahoma, the home of a middle school student who joined the lawsuit, as well as any schools attended by members of the Young America's Foundation and the children of members of Moms for Liberty — two national conservative groups that signed onto the lawsuit.[560] On July 17, 2024, the Fifth and Sixth Circuits upheld two of the blocks.[561] On July 26, 2024, a federal court temporarily blocked the rule from taking effect in Iowa, Arkansas, Missouri, Nebraska, North Dakota and South Dakota.[562]
On August 16, 2024, the Supreme Court, in a 5-4 ruling, denied an emergency request from the Biden Administration to reinstate the law while further legal battles play out in the lower court. The ruling did not address the merits of the lawsuits or whether the new rules were constitutional.[563][564][565]
Summary
[edit]Transgender Identity | / (Most States recognize and allow the ability of transgender individuals to change their legal gender, though varies widely.) |
Right to change gender on Birth Certificates or Passports | / (Legal gender change allowed in 48 states; prohibited by statute in Tennessee as of 2020 and in Montana and Oklahoma as of 2022;[566][54] since April 11, 2022 by way of "self determination" and an X option on United States passports for individuals at a federal level)[567] |
Anti-Discrimination laws in Employment | (Since 2020) |
Anti-Discrimination laws in Housing | / (Legal protections in 22 states) |
Anti-Discrimination laws in Public Accommodations | / (Protections in only a minority of states) |
Anti-discrimination laws in health insurance | |
LGBT anti-bullying law in schools and colleges | / |
LGBT anti-discrimination law in hospitals | |
Freedom of Expression | /(Multiple States have so-called "Don't say gay" laws in place that limit instruction and discussion of LGBT issues in the classroom)[568] |
Transgender people allowed to serve openly in the Military | (Transgender personnel allowed to serve since 2021) |
Transgender People allowed in the Military | |
Transgender health care, such as access to SRS and Hormone medications not restricted by law | / (Multiple states have blocked state Medicaid funding for transgender health care services, and have also made health care for youth with gender dysphoria Illegal.) |
Transgender Identity declassified as a mental illness | (Reclassified as 'gender dysphoria' under DSM-5 since 2013)[569] |
Transgender people allowed to play in sports that match their gender identity | / (Multiple states have banned transgender women and girls from competing in women's sports.) |
See also
[edit]- Transgender disenfranchisement in the United States
- Transphobia in the United States
- Identity documents in the United States
- History of transgender people in the United States
- History of violence against LGBT people in the United States
- LGBT rights in the United States
- Intersex rights in the United States
- Transgender rights
- Name change
- List of transgender-related topics
- 2020s anti-LGBT movement in the United States
- Parental rights movement
- Anti-gender movement
- Transgender rights movement
- Transgender history
- Violence against LGBT people
References
[edit]- ^ Caputo, Marc (May 16, 2022). "GOP candidates unleash wave of ads targeting transgender rights". NBC News. Archived from the original on June 4, 2023. Retrieved June 3, 2023.
- ^ Parks, Casey (June 14, 2023). "LGBTQ+ Americans have stronger support than ever — and fiercer backlash". Washington Post. ISSN 0190-8286. Retrieved June 14, 2023.
- ^ Zoledziowski, Anya (December 21, 2022). "How 2022 Became the Year Trans Hate Went Mainstream". www.vice.com. Retrieved March 24, 2023.
- ^ a b Wells, VS (January 16, 2023). "As Republican-led statehouses continue to attack trans rights, some blue states are fighting back".
- ^ "House Passes The Equality Act: Here's What It Would Do". NPR. February 24, 2021. Retrieved April 23, 2021.
- ^ Migdon, Brooke (March 30, 2023). "Ahead of Transgender Day of Visibility, Democrats press bill of rights". The Hill. Retrieved October 27, 2023.
- ^ Rummler, Orion (March 30, 2023). "Exclusive: Democrats reintroduce federal Trans Bill of Rights as GOP tries to advance restrictions". The 19th. Retrieved October 27, 2023.
- ^ "Sen. Markey and Rep. Jayapal Introduce the Trans Bill of Rights Ahead of International Transgender Day of Visibility". markey.senate.gov. March 30, 2023. Retrieved October 30, 2023.
- ^ a b O'Hara, Mary Emily (June 10, 2016). "'Nonbinary' is now a legal gender, Oregon court rules". The Daily Dot. Archived from the original on June 10, 2016. Retrieved June 10, 2016.
- ^ Oliver, David. "Transgender rights are under attack. But trans people 'just want to thrive and survive.'". USA TODAY. Retrieved September 15, 2024.
- ^ Warburton, Moria; Horowitch, Rose (July 14, 2022). "Republicans in Congress lay groundwork for anti-transgender push". Reuters. Archived from the original on June 3, 2023. Retrieved June 3, 2023.
- ^ Block, Melissa (June 29, 2022). "Americans are deeply divided on transgender rights, a poll shows". NPR News. Archived from the original on June 3, 2023. Retrieved June 3, 2023.
- ^ "Mapping Attacks on LGBTQ Rights in U.S. State Legislatures". American Civil Liberties Union. June 3, 2023. Archived from the original on June 4, 2023.
- ^ a b J. Courtney Sullivan (July 16, 2015). "What Marriage Equality Means for Transgender Rights". The New York Times. Archived from the original on September 6, 2015. Retrieved August 28, 2015.
- ^ (April 4, 1959). Bars Marriage Permit; Clerk Rejects Proof of Sex of Christine Jorgensen (subscription required). The New York Times
- ^ "Christine Denied Marriage License". Toledo Blade. April 4, 1959. Retrieved November 18, 2012.
- ^ "Case # 04-99-00010-CV". Texas Fourth Court of Appeals. 2000. Archived from the original on May 3, 2010. Retrieved May 7, 2009.
- ^ "85030 – In re Estate of Gardiner". Court of Appeals of the State of Kansas. 2000. Archived from the original on October 11, 2008. Retrieved May 7, 2009.
- ^ "FAQ About Transgender People and Marriage Law". Archived from the original on October 3, 2016.
- ^ Canedy, Dana (February 18, 2002). "Sex Change Complicates Battle Over Child Custody". The New York Times.
- ^ Kantaras v. Kantaras, 884 So. 2d 155 (Fla. Ct. App. 2004)
- ^ Michael J Kantaras v Linda Kantaras [2003] Case No. 98-5375CA. 511998DR005375xxxWS, 6th Circuit
- ^ Kantaras v. Kantaras, 898 So. 2d 80 (Fla. 2005)
- ^ a b "In re Jose Mauricio LOVO-Lara, Beneficiary of a visa petition filed by Gia Teresa LOVO-Ciccone, Petitioner" (PDF). Usdoj.gov. Archived (PDF) from the original on July 25, 2009. Retrieved August 28, 2015.
- ^ "FindLaw's United States Seventh Circuit case and opinions". Archived from the original on June 7, 2016.
- ^ "FAQ About Transgender Parenting". Lambda Legal. Archived from the original on September 7, 2015.
- ^ Cisek v. Cisek, 80 113, 401 (Court of Appeals July 20, 1982) ("Judgment reversed."). – via http://www.lexisnexis.com (subscription required)
- ^ Tornkvist, Ann (November 2, 2011). "Sweden's shameful transgender sterilization rule". Salon.com. Archived from the original on September 24, 2015.
- ^ Nixon, Laura (December 2013). "The Right to (Trans) Parent: A Reproductive Justice Approach to Reproductive Rights, Fertility, and Family-Building Issues Facing Transgender People". William & Mary Journal of Race, Gender, and Social Justice. 20 (1): 73.
- ^ "Reproductive rights of transgender adolescents" (PDF). Archived from the original (PDF) on March 19, 2016. Retrieved August 30, 2015.
- ^ "Corbitt v. Taylor". American Civil Liberties Union. Retrieved February 22, 2022.
- ^ "Introduction and Anand's Story". Lambda Legal. Archived from the original on August 28, 2015.
- ^ "Identity Documents & Privacy". National Center for Transgender Equality. Archived from the original on September 5, 2015.
- ^ "California Governor Signs Bill to Remove Barriers for Transgender People to Change Name and Identity Documents". transgenderlawcenter.org. September 6, 2013. Archived from the original on June 18, 2015.
- ^ "Name Change Ruling". The New York Times. October 21, 2009. Archived from the original on October 27, 2015. Retrieved August 25, 2015.
- ^ "Idaho House Passes Bill Banning Trans People from Correcting Gender on Birth Certificates". Lambda Legal. February 27, 2020. Retrieved February 28, 2020.
- ^ Boone, Rebecca (March 6, 2018). "Judge: Idaho Must Allow Gender Changes on Birth Certificates". Idaho State Journal. Retrieved September 17, 2021.
- ^ "Idaho's transgender birth certificate ban goes back to court". nbcnews. April 17, 2020. Retrieved July 21, 2020.
- ^ "FindLaw's Writ – Grossman: When Parentage Turns on Anatomical Sex An Illinois Court Denies a Female-to-Male Transsexual's Claim of Fatherhood". findlaw.com. Archived from the original on May 10, 2011.
- ^ Grenberg, Julie (2006). "The Roads Less Travelled: The Problem with Binary Sex Categories". In Currah, Paisley; Juang, Richard; Minter, Minter (eds.). Transgender Rights. Minneapolis: Minnesota University Press. pp. 51–73. ISBN 0-8166-4312-1.
- ^ "New York Name & Gender Change Information". National Center for Transgender Equality. Retrieved January 9, 2022.
- ^ Hartocollis, Anemona (December 11, 2014). "Insurers in New York Must Cover Gender Reassignment Surgery, Cuomo Says". The New York Times. Archived from the original on March 17, 2015.
- ^ "Victory: Nevada passes the most progressive birth certificate gender change policy in the nation!". National Center for Transgender Equality. November 21, 2016. Archived from the original on April 7, 2017. Retrieved April 6, 2017.
- ^ "Sex Changes". June 16, 2014. Archived from the original on May 29, 2019. Retrieved May 29, 2019.
- ^ Clark, Carol (November 14, 2019). "New Mexico is Fourth State to allow Gender-Neutral Sex Designation on Birth Certificates". LA Daily Post. Archived from the original on November 15, 2019. Retrieved July 9, 2021.
- ^ "New Mexico".
- ^ "Kansas". National Center for Transgender Equality. Retrieved February 28, 2020.
- ^ "SB 180 Impacts on Birth Certificates". Kansas Department of Health and Environment. Retrieved March 30, 2024.
- ^ a b "LIS > Bill Tracking > HB1041 > 2020 session". lis.virginia.gov. Retrieved October 3, 2020.
- ^ Loller, Travis (June 23, 2023). "Judge Won't Let Tennessee Transgender Plaintiffs' Change Their Birth Certificates". HuffPost. Retrieved June 24, 2023.
- ^ "Kansas to allow trans residents to change birth certificates". NBC News. June 25, 2019.
- ^ "Changing Birth Certificate Sex Designations: State-By-State Guidelines". Lambda Legal. Archived from the original on June 18, 2014.
- ^ Smyth, Julie Carr (December 16, 2020). "Court Rules Ohio Must Allow Gender Changes on Birth Certificates". HuffPost. Retrieved July 9, 2021.
- ^ a b Stitt, Kevin (November 8, 2021). "Executive Order 2021-24" (PDF). Oklahoma Secretary of State. Retrieved November 3, 2022.
- ^ "Oklahoma governor signs transgender bathroom bill". ABC News. Retrieved July 28, 2022.
- ^ Murphy, Sean (April 27, 2022). "Oklahoma governor signs ban on nonbinary birth certificates". ABC News. Archived from the original on May 5, 2022. Retrieved May 5, 2022.
- ^ "Montana permanently blocks transgender people from changing their birth certificates". PBS NewsHour. September 9, 2022. Retrieved November 5, 2022.
- ^ Turkington, Richard C.; Allen, Anita L. (2002). Privacy law: cases and materials. West Group. pp. 861–. ISBN 978-0314262042. Archived from the original on June 26, 2014. Retrieved November 18, 2012.
- ^ Markowitz, Stephanie. "Change of Sex Determination on Transsexuals' Birth Certificates: Public Policy and Equal Protection" (PDF). Cardozo Journal of Law & Gender. 14: 705–. Archived (PDF) from the original on December 22, 2012.
- ^ "Diana M. Darnell v. Douglas Lloyd, Commissioner of Health, State of Connecticut". Retrieved June 28, 2012.
- ^ "Darnell v. Lloyd". Archived from the original on October 3, 2016.
- ^ "Annotations to ORS Chapter 432". Oregon State Legislature. Archived from the original on January 6, 2013. Retrieved June 28, 2012.
- ^ "General Laws". Commonwealth of Massachusetts. Archived from the original on July 2, 2012. Retrieved June 20, 2012.
- ^ "Transgender People and Amended Birth Certificates". Commonwealth of Massachusetts. August 26, 2015. Archived from the original on January 27, 2021. Retrieved March 18, 2021.
- ^ "Change of Gender". Massachusetts Registry of Motor Vehicles. Archived from the original on February 1, 2014. Retrieved June 20, 2012.
- ^ "Massachusetts Allows Nonbinary Marker on Licenses, IDs". Commonwealth of Massachusetts. Archived from the original on February 3, 2021. Retrieved March 18, 2021.
- ^ "Sources of Authority to Amend Sex Designation on Birth Certificates". Lambda Legal. Archived from the original on July 16, 2012. Retrieved June 20, 2012.
- ^ "Gender Change Request" (PDF). Virginia Department of Motor Vehicles. Archived (PDF) from the original on May 14, 2013. Retrieved June 20, 2012.
- ^ "Driver's License Policies by State". National Center for Transgender Equality. Archived from the original on July 1, 2012. Retrieved June 21, 2012.
- ^ Ebrahimji, Alisha (July 11, 2023). "A state judge ordered Kansas to stop letting transgender people change their gender marker on their driver's licenses". CNN. Retrieved February 10, 2024.
- ^ Migdon, Brooke (January 30, 2024). "Florida bars transgender residents from changing gender on driver's licenses". The Hill.
- ^ Crowley, Kinsey; Soule, Douglas (January 30, 2024). "Florida barring gender changes on driver's license puts trans residents at risk, critics say". USA Today.
- ^ a b Salhotra, Pooja (August 21, 2024). "Transgender Texans blocked from changing their sex on their driver's license". The Texas Tribune. Retrieved August 22, 2024.
- ^ a b c d AlHajal, Khalil (November 16, 2015). "Judge refuses to dismiss challenge to Michigan policy on transgender drivers". Archived from the original on December 22, 2015. Retrieved July 9, 2021.
- ^ a b "ACLU Lawsuit: Michigan ID Policy Exposes Transgender Men and Women to Risk of Harassment, Violence". American Civil Liberties Union. May 21, 2015. Archived from the original on May 25, 2016. Retrieved July 9, 2021.
- ^ "Biden administration adds gender marker X to passports". Dallas Voice. June 30, 2021. Retrieved June 30, 2021.
- ^ "8 FAM 403.3 Gender Change". United States Department of State. June 27, 2018. Retrieved July 18, 2018.
- ^ "8 FAM 1004.1 Passport Amendments". United States Department of State. June 27, 2018. Retrieved July 18, 2018.
- ^ Yurcaba, Jo (March 31, 2022). "Gender-neutral X passports will be available in April". NBC News. Archived from the original on June 28, 2022. Retrieved March 31, 2022.
- ^ "Selecting your Gender Marker". Archived from the original on August 10, 2022. Retrieved August 19, 2022.
- ^ "Chapter 2 – USCIS-Issued Secure Identity Documents". www.uscis.gov. April 15, 2019. Retrieved July 22, 2020.
- ^ "Passports". National Center for Transgender Equality. Retrieved July 22, 2020.
- ^ "How to Change Your Name AND Gender (Adult)". California Courts. Retrieved July 9, 2021.
- ^ "Nepal issues first third-gender passport, after Australia and N. Zealand". DailySabah. August 10, 2015. Archived from the original on August 17, 2015.
- ^ Nandi, Jacinta (November 10, 2013). "Germany got it right by offering a third gender option on birth certificates". The Guardian. Archived from the original on December 22, 2016.
- ^ Plucinska, Joanna (August 11, 2015). "Nepal Is The Latest Country to Acknowledge A Third Gender on Passports". Time.com. Archived from the original on August 24, 2015.
- ^ Busby, Mattha (August 31, 2017). "Canada introduces gender-neutral 'X' option on passports". The Guardian. Archived from the original on August 31, 2017. Retrieved August 31, 2017.
- ^ "The 'two-spirit' people of indigenous North Americans". The Guardian. October 11, 2010. Archived from the original on January 28, 2017.
- ^ "The Beautiful Way Hawaiian Culture Embraces A Particular Kind Of Transgender Identity". The Huffington Post. April 28, 2015. Archived from the original on January 30, 2017.
- ^ "Fa'afafines: The Third Gender". theculturetrip.com. September 15, 2011. Archived from the original on November 27, 2015.
- ^ "Society Of Fa'afafine In American Samoa – S.O.F.I.A.S." Facebook. Archived from the original on January 4, 2018.
- ^ "In Mexico, Mixed Genders And 'Muxes'". NPR. June 5, 2012. Archived from the original on September 12, 2015.
- ^ Khaleeli, Homa (April 16, 2014). "Hijra: India's third gender claims its place in law". The Guardian. Archived from the original on April 15, 2017.
- ^ "Third Gender". Huffington Post. March 19, 2014. Archived from the original on July 29, 2015. Retrieved August 25, 2015.
- ^ O'Hara, Mary Emily (September 26, 2016). "Californian Becomes Second US Citizen Granted 'Non-Binary' Gender Status". NBC News. Archived from the original on September 26, 2016. Retrieved September 26, 2016.
- ^ O'Hara, Mary Emily (December 29, 2016). "Nation's First Known Intersex Birth Certificate Issued in NYC". NBC News. Archived from the original on December 30, 2016. Retrieved December 30, 2016.
- ^ "TLC Backs CA Bill to Create New Gender Marker and Ease Process for Gender Change in Court Orders and on State Documents". Transgender Law Center. January 26, 2017. Archived from the original on February 2, 2017. Retrieved January 28, 2017.
- ^ "SB-179 Gender identity: female, male, or nonbinary". California Legislative Information. Archived from the original on September 16, 2017. Retrieved October 17, 2017.
- ^ Levin, Sam (June 15, 2017). "'Huge validation': Oregon becomes first state to allow official third gender option". The Guardian. Archived from the original on June 15, 2017. Retrieved June 15, 2017.
- ^ a b Rook, Erin (June 22, 2017). "Washington, DC joins Oregon in offering third gender marker on drivers' licenses". LGBTQ Nation. Archived from the original on October 21, 2017. Retrieved June 22, 2017.
- ^ Grinberg, Emanuella (June 27, 2017). "You can now get a gender neutral driver's license in D.C." CNN. Archived from the original on June 28, 2017. Retrieved June 29, 2017.
- ^ Bouchard, Kelly (June 11, 2018). "Maine begins putting 'non-binary' on driver's licenses for those not 'F' or 'M'". Press Herald. Retrieved June 12, 2018.
- ^ Vagianos, Alanna (July 4, 2018). "New Jersey Gov. Signs Bills Giving Transgender Residents More Rights". Huffington Post. Retrieved July 5, 2018.
- ^ Church, Danielle (October 3, 2018). "Minnesota Offers "X" Gender Option on Driver's Licenses". KVRR. Retrieved October 5, 2018.
- ^ "Colorado to begin offering gender X on driver's licenses, ID cards". November 8, 2018.
- ^ Fetzer, Mary (January 30, 2018). "Third-gender designation: Does your state recognize it?". Avvo Stories. Retrieved June 4, 2018.
- ^ Hajela, Deepti (June 4, 2018). "Proposal Would Add 'X' Category to NYC Birth Certificates". NBC New York. Retrieved June 4, 2018.
- ^ Holtzman, Michael (May 14, 2018). "Female, male or 'X': Haddad looks to make 3rd gender option on licenses, IDs". South Coast Today. Retrieved May 17, 2018.
- ^ Simko-Bednarski, Evan (January 2, 2019). "New York City birth certificates get gender-neutral option". CNN. Retrieved January 26, 2019.
- ^ "Movement Advancement Project | Identity Document Laws and Policies". www.lgbtmap.org. Retrieved November 3, 2022.
- ^ Wong, Curtis M. (October 17, 2018). "Arkansas Has Been Offering a Nonbinary Gender Option on State IDs for Years". Huffington Post.
- ^ "Connecticut". National Center for Transgender Equality. Retrieved November 3, 2022.
- ^ "Non-binary gender designation is now available on Mass. Licenses". Boston.com. November 13, 2019.
- ^ GLAD (November 13, 2019). "Non-binary gender designation is now available on Mass. licenses". Twitter. Retrieved September 17, 2021.
- ^ "Benson, community members celebrate nonbinary ID option". Michigan Secretary of State. Retrieved November 22, 2021.
- ^ "How to correct Sex Designation on Driver's License or ID". Michigan Secretary of State. Retrieved November 22, 2021.
- ^ Williams, Pete (January 1, 2020). "2020's new laws: Gender-neutral 'X' licenses, stronger ID, wear your hair the way you want". NBC News. Retrieved June 10, 2021.
- ^ "New Jersey adds 'X' gender marker on driver's licenses and other state identification". CNN. April 20, 2021.
- ^ Campbell, Jon. "New York to offer gender-neutral 'X' designation for driver's licenses with new law". USA Today. Retrieved April 4, 2022.
- ^ Herreria, Carla (June 27, 2019). "Hawaii Adds Third Gender Option For State-Issued IDs". HuffPost. Retrieved June 28, 2019.
- ^ Goodin-Smith, Oona (July 31, 2019). "Pennsylvania to offer gender-neutral option on state IDs". The Philadelphia Inquirer. Retrieved September 17, 2021.
- ^ "Rhode Island to add gender-neutral option 'X' for licenses". WSBT. August 8, 2019. Retrieved September 17, 2021.
- ^ Van Slooten, Philip (April 7, 2020). "Northam signs Va. Non-binary driver's license bill into law". The Washington Blade. Retrieved September 17, 2021.
- ^ "LIS > Bill Tracking > SB246 > 2020 session". lis.virginia.gov. Retrieved November 3, 2022.
- ^ "Washington State to add Gender X to drivers licenses for those who don't identify as male or female". iFIBER One News. July 31, 2019.
- ^ "Washington soon to allow X gender designation on driver's licenses". July 31, 2019.
- ^ Wood, Pamela (July 6, 2019). "Maryland to allow a 'nonbinary' gender option on voter registration and driver's licenses". Los Angeles Times. Retrieved July 9, 2019.
- ^ Villarreal, Daniel (August 24, 2019). "This state just became the 18th to offer gender neutral drivers licenses and ID cards". LGBTQ Nation.
- ^ Tuohy, Dan (July 10, 2019). "Governor Sununu Vetoes Ten Bills, Rejecting Democrats' Policy Priorities". New Hampshire Public Radio. Retrieved July 11, 2019.
- ^ Zarkhin, Fedor (October 5, 2022). "Transgender and nonbinary people's gender identities erased after death, Portland area officials find".
- ^ O'Neill, Kathryn; Wilson, Bianca; Herman, Jody. "Homeless Shelter Access Among Transgender Adults".
- ^ Sonoma, Serena (May 19, 2021). "Kayla Gore, a Black Trans Woman on the Lead to End Homelessness and HIV Prevalence for Black Trans Women".
- ^ a b c Zavidow, Evan. "Transgender people at higher risk for justice system involvement".
- ^ Burns, Katelyn (July 17, 2020). "The Trump administration's proposed homeless shelter rule spells out how to spot a trans woman".
- ^ Bollinger, Alex (July 20, 2020). "Trump administration memo explains how to spot a transgender woman".
- ^ Rose, K., Gombos, B., John, L., & Ivaturi, A. (2023). TRANSforming Fair Housing in St. Louis: New Protections, New Partnerships, and New Possibilities for the LGBTQ Community. St. Louis, MO: Metropolitan St. Louis Equal Housing and Opportunity Council. https://www.transforminghousingstl.org/
- ^ St. James, Emily (March 24, 2022). "The time to panic about anti-trans legislation is now". Vox.
- ^ Burns, Katelyn (March 4, 2022). "Greg Abbott's death wish for trans kids is on full display". MSNBC.
- ^ Jones, Saeed (May 5, 2021). "The Republican War Against Trans Kids". GQ.
- ^ "Red Flag Alert for Genocide - USA". Lemkin Institute for Genocide Prevention. April 14, 2023. Archived from the original on April 15, 2023. Retrieved April 15, 2023.
- ^ Boulware, Susan; Kamody, Rebecca; Kuper, Laura. "Biased Science: The Texas and Alabama Measures Criminalizing Medical Treatment for Transgender Children and Adolescents Rely on Inaccurate and Misleading Scientific Claims" (PDF). Yale Medicine. Retrieved July 17, 2023.
- ^ Bowers, Marci (April 2023). "What Decades of Providing Trans Health Care Have Taught Me". The New York Times. Retrieved July 17, 2023.
- ^ "Statement of Opposition to Legislation Banning Access to Gender-Affirming Health Care in the US" (PDF). World Professional Association of Transgender Health. Retrieved July 17, 2023.
- ^ "Rome Statute of the International Criminal Court" (PDF). International Criminal Court.
- ^ Hennessy-Fiske, Molly (December 14, 2022). "Texas attorney general's office sought state data on transgender Texans". Washington Post. ISSN 0190-8286. Retrieved December 21, 2022.
- ^ Villarreal, Daniel (December 14, 2022). "GOP Texas attorney general's office allegedly demanded a list of trans people in the state". LGBTQ Nation. Retrieved December 21, 2022.
- ^ "Vanderbilt turns over transgender patient records to state in attorney general probe". The Tennessean.
- ^ a b c d "Victim Issues: Mistrust of Professionals | Responding to Transgender Victims of Sexual Assault". ovc.ojp.gov.
- ^ "Transgender people over four times more likely than cisgender people to be victims of violent crime". Williams Institute.
- ^ "Responding to Transgender Victims of Sexual Assault". Archived from the original on June 25, 2022.
- ^ Madani, Doha; Collins, Ben (June 18, 2022). "Anti-LGBTQ threats, fueled by internet's far right 'machine,' shut down trans rights and drag events". NBC News.
- ^ Owen, Greg (August 2022). "Police are four times more likely to stop transgender people for "reasonable suspicion"".
- ^ "Responding to Transgender Victims of Sexual Assault". Archived from the original on June 25, 2022.
- ^ Goldsmith, Belinda (April 25, 2017). "Transgender sex trafficking survivor hopes her story will help others". Reuters.
- ^ Tomasiewicz, Meaghan. "Sex Traffifficking of Transgender and Gender Nonconforming Youth in the United States".
- ^ Newman-Granger, Ellie (December 8, 2021). "Gendered Understandings of Forced Sexual Exploitation". Archived from the original on September 28, 2022. Retrieved July 28, 2022.
- ^ "The Report of the 2015 US Transgender Survey Executive Summary" (PDF). December 2016.
- ^ "The trauma of TSA for transgender travelers". CNN. Archived from the original on March 27, 2023. Retrieved March 27, 2023.
- ^ "#TravelingWhileTrans: The trauma of returning to 'normal'". WaPo.
- ^ Yurcaba, Jo (April 11, 2022). "More Texas families with trans kids plan to flee the state". NBC News.
- ^ Michaels, Samantha. "Transgender Teens and Their Families Prepare to Flee Texas".
- ^ Yurcaba, Jo (July 7, 2022). "Texas trans activist, 11, flees the state after years of advocacy". NBC News.
- ^ House Bill 5506, Section Sec 484, 485, 486, 487, 488. The Connecticut General Assembly. May 24, 2022. p. 681-686. Archived from the original on August 12, 2022.
- ^ Migdon, Brooke (July 29, 2022). "Massachusetts governor signs bill safeguarding reproductive, gender-affirming health care into law". Archived from the original on April 6, 2023. Retrieved August 12, 2022.
- ^ Bebinger, Martha (May 27, 2022). "Mass. Senate moves to protect abortion providers from out-of-state court judgments and investigations".
- ^ Holden, Lindsey; Sheeler, Andrew. "California to become sanctuary state for transgender children under new law".
- ^ Council Bill 240808. Washington DC Council. October 18, 2022.
- ^ Lee, Nicole (March 10, 2023). "Minnesota becomes refuge state in US for gender-affirming care". GCN. Retrieved March 24, 2023.
- ^ Walz, Tim (March 8, 2023). "Executive Order 23-03" (PDF). State of Minnesota Executive Department. Retrieved March 23, 2023.
- ^ Nieto-Munoz, Sophie (April 4, 2023). "Governor Murphy declares N.J. 'safe haven' for transgender, nonbinary people". New Jersey Monitor. Retrieved April 16, 2023.
- ^ Murphy, Philip (April 4, 2023). "State of New Jersey Executive Order No. 326" (PDF). Archived (PDF) from the original on April 13, 2023. Retrieved April 16, 2023.
- ^ "State of Maryland Executive Order 01.01.2023.08" (PDF). State of Maryland Executive Department. June 5, 2023. Archived (PDF) from the original on June 9, 2023. Retrieved June 9, 2023.
- ^ Migdon, Brooke (June 8, 2023). "Maryland governor signs executive order protecting access to gender-affirming care". The Hill. Archived from the original on June 14, 2023. Retrieved June 9, 2023.
- ^ "LGBTQ+ Adults Do Not Feel Safe and Do Not Think the Democratic Party Is Doing Enough to Protect Their Rights". June 8, 2023.
- ^ Liptak, Adam (June 15, 2020). "Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules". The New York Times. Archived from the original on August 14, 2022. Retrieved August 19, 2022.
- ^ Moreau, Julie (October 5, 2017). "Federal Civil Rights Law Doesn't Protect Transgender Workers, Justice Department Says". NBC News. Archived from the original on October 5, 2017. Retrieved October 5, 2017.
- ^ "HUD Secretary Shaun Donovan announces new regulations to ensure equal access to housing for all Americans regardless of sexual orientation or gender identity" (Press release). United States Department of Housing and Urban Development. January 30, 2012. Archived from the original on March 6, 2012. Retrieved March 6, 2012.
- ^ "Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity" (PDF). Federal Register. February 3, 2012. Archived (PDF) from the original on June 4, 2012. Retrieved March 6, 2012.
- ^ "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Archived from the original on May 30, 2013.
- ^ Thiessen, Mark (April 12, 2018). "Anchorage voters are 1st in nation to defeat transgender 'bathroom bill' referendum". Chicago Tribune. Retrieved June 10, 2018.
- ^ "Learn More". Freedom for All Massachusetts. Retrieved June 10, 2018.
- ^ Preston, Joshua. "Allan Spear and the Minnesota Human Rights Act." Minnesota History 65 (2016): 76-87.
- ^ "Rhode island adopts transgender-inclusive non-discrimination law". transgenderlaw.org. Transgender Law and Policy Institute. July 18, 2001. Archived from the original on December 9, 2002. Retrieved August 28, 2015.
- ^ Cal Civ Code sec. 51
- ^ "Gov. Whitmer Signs Bipartisan Legislation Expanding Rights and Freedoms for LGBTQ+ Michiganders". www.michigan.gov. March 16, 2023.
- ^ C.R.S. 24-34-402 (2008)
- ^ "Connecticut Becomes 15th State to Ban Discrimination Against Transgender Employees". The National Law Review. Archived from the original on July 22, 2011.
- ^ a b Ennis, Dawn (July 8, 2016). "Massachusetts governor signs sweeping transgender rights bill". Archived from the original on June 29, 2017. Retrieved July 26, 2017.
- ^ "New York Finalizes Ban On Transgender Discrimination". January 20, 2016. Archived from the original on December 30, 2017. Retrieved July 26, 2017.
- ^ "Transgender anti-discrimination bill set to become law in New Hampshire". NBC News. Associated Press. May 3, 2018. Retrieved June 10, 2018.
- ^ "It's Done: Governor Sununu Signs #TransBillNH!". Freedom New Hampshire. Retrieved June 10, 2018.
- ^ "Virginia Values Act Signed Into Law". Human Rights Campaign. April 11, 2020.
- ^ Declaratory Ruling on Behalf of John/Jane Doe (Connecticut Human Rights Commission 2000)
- ^ "Supreme Court / Sex Discrimination Case / New Jersey Teacher – Oct 18, 1976 – NBC–TV news". Tvnews.vanderbilt.edu. October 18, 1976. Archived from the original on December 30, 2015. Retrieved August 28, 2015.
- ^ "Ca 79-3151 Carroll v. Talman Federal Savings and Loan Association of Chicago". United States Court of Appeals, Seventh Circuit. December 6, 1978. p. 1028. Archived from the original on October 29, 2013. Retrieved June 23, 2012.
- ^ "Ulane v. Eastern Airlines, Inc., 742 F. 2d 1081 – Court of Appeals, 7th Circuit 1984". United States Court of Appeals, Seventh Circuit. Retrieved June 23, 2012.
- ^ "Price Waterhouse v. Hopkins". American Psychological Association. Archived from the original on June 30, 2012. Retrieved June 23, 2012.
- ^ Minter, Shannon (2003). "Representing Transsexual Clients: Selected Legal Issues". National Center for Lesbian Rights. Archived from the original on October 30, 2007. Retrieved October 3, 2007.
- ^ "Smith v. City of Salem Ohio". United States Court of Appeals, Sixth Circuit. Archived from the original on July 19, 2012. Retrieved June 23, 2012.
- ^ "Eleventh Circuit upholds victory for transgender employee fired by Georgia Legislature" (video). San Diego Gay & Lesbian News. December 6, 2011. Archived from the original on February 4, 2012. Retrieved June 26, 2012.
- ^ Bagby, Dyana (December 9, 2011). "Vandy Beth Glenn may soon return to work at Ga. General Assembly". The GA Voice. Archived from the original on July 12, 2012. Retrieved June 26, 2012.
- ^ "Tennessee governor signs first-of-its-kind bill restricting drag shows". NBC News. March 3, 2023. Archived from the original on March 3, 2023. Retrieved March 3, 2023.
- ^ Fiscus, Kirsten (March 1, 2023). "Tennessee drag show bill: Will drag performances be banned? What we know". The Tennessean. Gannett. Archived from the original on August 21, 2023. Retrieved July 22, 2023.
- ^ Baker-Jordan, Skylar (March 2, 2023). "Why the Tennessee ban on drag shows should terrify us all". The Independent. Archived from the original on March 8, 2023. Retrieved March 8, 2023.
- ^ Bacallao, Marianna (June 3, 2023). "Tennessee's drag ban is back after appeals court ruling". WPLN. Retrieved July 20, 2024.
- ^ Bacallao, Marianna (July 18, 2024). "Tennessee's law restricting drag has been ruled unconstitutional". WPLN.
- ^ Riley, John (June 23, 2023). "Texas Governor Signs Law Banning Drag Performances in Public Businesses". Metro Weekly. Archived from the original on June 26, 2023. Retrieved June 26, 2023.
- ^ Mizelle, Shawna (May 24, 2023). "Montana governor signs bill banning drag performers from reading to children in public schools, libraries". CNN. Archived from the original on June 26, 2023. Retrieved June 26, 2023.
- ^ Kashiwagi, Sydney (June 3, 2023). "Trump-appointed federal judge rules Tennessee's anti-drag show law is 'unconstitutional'". CNN. Archived from the original on June 26, 2023. Retrieved June 26, 2023.
- ^ Trotta, Daniel (June 23, 2023). "U.S. court blocks Florida law restricting drag performances". Reuters. Archived from the original on June 26, 2023. Retrieved June 26, 2023.
- ^ Lavietes, Matt (September 26, 2023). "Federal judge declares Texas drag law unconstitutional". NBC News. Retrieved February 10, 2024.
- ^ Hanson, Amy Beth (October 13, 2023). "Montana judge keeps in place a ban on enforcement of law restricting drag shows, drag reading events". AP News. Retrieved February 10, 2024.
- ^ "Gov. McCrory files brief to reverse Gloucester transgender restroom policy case". NewsChannel 3. May 10, 2016. Archived from the original on May 28, 2016. Retrieved September 17, 2021.
- ^ Fausset, Richard (April 19, 2016). "Appeals Court Favors Transgender Student in Virginia Restroom Case". The New York Times. Archived from the original on May 14, 2016. Retrieved May 16, 2016.
- ^ "Complaint amended in transgender lawsuit". Daily Press. Archived from the original on August 18, 2017. Retrieved August 18, 2017.
- ^ Hurley, Lawrence. "U.S. court backs transgender student at center of bathroom dispute". Archived from the original on January 28, 2019. Retrieved January 27, 2019.
- ^ Freeman, Vernon (May 22, 2018). "Federal court rules in favor of transgender student Gavin Grimm".
- ^ Kunkle, Fredrick (March 4, 2014). "Maryland Senate Passes Bill Banning Discrimination Against Transgender People". The Washington Post. Archived from the original on October 12, 2016.
- ^ a b c d "Trump Administration Rescinds Protections For Transgender Students | HuffPost". HuffPost. February 22, 2017. Retrieved January 18, 2018.
- ^ Lavietes, Matt (March 16, 2022). "Here's what Florida's 'Don't Say Gay' bill would do and what it wouldn't do". NBC News.
- ^ Phillips, Amber. "Florida's law limiting LGBTQ discussion in schools, explained". The Washington Post.
- ^ "LGBTQ Curricular Laws". Archived from the original on July 26, 2022.
- ^ a b Baptiste, Nathalie (March 10, 2023). "House Republicans Are Taking Their Assault On Trans Rights To The Federal Level". HuffPost. Retrieved March 10, 2023.
- ^ Goni-Lessan, Ana. "Florida schools told they can ignore Biden administration on LGBTQ discrimination rules".
- ^ Perez-Castells, Ariana (July 27, 2022). "Texas suing USDA over requirement to add LGBTQ protections to nutrition programs' nondiscrimination policies".
- ^ Lee, Meredith (June 22, 2022). "GOP senator considering blocking school meal funding deal over transgender policy fight". Politico.
- ^ Mulvihill, Geoff (April 23, 2024). "New federal rule bars transgender school bathroom bans, but it likely isn't the final word". AP News. Retrieved April 23, 2024.
- ^ "Virginia school boards must adhere to Gov. Youngkin's new policies on transgender students, AG says". AP News. August 24, 2023. Retrieved April 23, 2024.
- ^ Vander Hart, Shane (April 29, 2022). "Linn-Mar School Board approves controversial transgender policy".
- ^ Marshall, Maggi (August 10, 2022). "Parents, guardians had a lot to say about Hanover's proposed transgender bathroom policy".
- ^ Wiggins, Christopher (August 2022). "Wisconsin School District Bans Preferred Pronouns & Pride Symbols".
- ^ Monacelli, Steven (August 23, 2022). "'Don't Say Trans' Policy Passes in North Texas School District".
- ^ Sears, Brad; Mallory, Christy; Flores, Andrew; Conron, Kerith. "LGBT people's experience of workplace discrimination and harassment".
- ^ "The Wage Gap Among LGBTQ+ Workers in the United States". Archived from the original on January 19, 2022.
- ^ Fernandez Campbell, Alexia (July 29, 2022). "Hunger, depression and unemployment: Trans adults are struggling".
- ^ Yang, Maya (2023). "Canada warning over US travel comes at 'concerning time', LGBTQ+ groups say". The Guardian.
- ^ "Has Life Improved for Transgender Americans in the Last 10 Years? Not Really". Teen Vogue.
- ^ a b "Trump is exploiting an anti-trans turn in public opinion". WaPo. February 21, 2023.
- ^ Aksoy, Billur; Carpenter, Christopher S.; Sansone, Dario (2024). "Understanding Labor Market Discrimination Against Transgender People: Evidence from a Double List Experiment and a Survey". Management Science. arXiv:2209.02335. doi:10.1287/mnsc.2023.02567.
- ^ Haynes, Suyin (October 25, 2019). "A Study Analyzed 10 Million Online Posts Over 3.5 Years. It Found a Torrent of Transphobic Abuse".
- ^ Fitzsimons, Tim (July 20, 2020). "Transgender Facebook content dominated by right-wing sources, study finds". NBC News.
- ^ Lamoureux, Mack (November 21, 2022). "Elon Musk's Twitter Reinstates Anti-Trans Activists on Same Weekend as Club Q Attacked".
- ^ Ecarma, Caleb (November 21, 2022). "We're Officially in the Elon Musk Era of Content Moderation". Vanity Fair.
- ^ Greenberg, Jon. "JD Vance says transgender rights drives looming conflict in Ukraine".
- ^ Yurcaba, Jo; Goggin, Ben; Collins, Ben (May 25, 2022). "Trans woman's photo used to spread baseless online theory about Texas shooter". NBC News.
- ^ a b "Digital Hate: Social Media's Role in Amplifying Dangerous Lies About LGBTQ+ people" (PDF).
- ^ "My tweets about groomers are only third? Guess that means I have to tweet about these sick, demented groomers even more". Archived from the original on August 15, 2022. Retrieved August 19, 2022.
- ^ Bickerton, James (August 16, 2022). "Boebert Vows 'Even More' Groomer Tweets After Coming 'Only Third' on List". Newsweek.
- ^ "She does this to children. Sterilizes & mutilates them. Before they are old enough to consent". Archived from the original on September 24, 2022. Retrieved September 24, 2022.
- ^ "Position Statement on Treatment of Transgender (Trans) and Gender Diverse Youth" (PDF).
- ^ "Transgender Health: An Endocrine Society Position Statement". www.endocrine.org. The Endocrine Society. December 15, 2020. Retrieved June 15, 2022.
- ^ Coleman, E.; et al. (2022). "Standards of Care for the Health of Transgender and Gender Diverse People, Version 8". International Journal of Transgender Health. 23 (Suppl 1): S1–S259. doi:10.1080/26895269.2022.2100644. PMC 9553112. PMID 36238954. S2CID 252127302.
- ^ Rafferty, Jason; et al. (October 2018). "Ensuring Comprehensive Care and Support for Transgender and Gender-Diverse Children and Adolescents". Pediatrics. 142 (4). doi:10.1542/peds.2018-2162. PMID 30224363. S2CID 52288840.
- ^ "AMA to states: Stop interfering in health care of transgender children". American Medical Association. April 26, 2021.
- ^ Flynn, Meagan. "Youngkin's meeting with Va. delegation gets heated over trans policy". The Washington Post.
- ^ "Facts About Suicide Among LGBTQ+ Young People".
- ^ Wiggins, Christopher (September 29, 2022). "GOP Senate Candidate Herschel Walker: Trans Kids Won't Go to Heaven".
- ^ a b Paterson, Alex (April 8, 2022). ""Doom & Groom": Fox News has aired 170 segments discussing trans people in the past three weeks". Media Matters for America.
- ^ Baska, Maggie (June 16, 2022). "The New York Times faces searing backlash for publishing 'harmful' anti-trans 'propaganda': 'Do better'". Archived from the original on June 16, 2022.
- ^ O'Connell, Kit (July 22, 2022). "There Is No Legitimate 'Debate' Over Gender-Affirming Healthcare".
- ^ Gira-Grant, Melissa. "Pamela Paul's Great Replacement Theory". The New Republic.
- ^ McMenamin, Lexi (July 22, 2022). "The New York Times, The Atlantic, More Keep Publishing Transphobia. Why?".
- ^ "USPATH and WPATH Respond to NY Times Article "They Paused Puberty, But Is There a Cost?" published on November 14, 2022" (PDF).
- ^ Eckert, AJ (December 4, 2022). "What the New York Times gets wrong about puberty blockers for transgender youth".
- ^ Lennard, Natasha (December 31, 2022). "Liberals Rose to Fight the Assault on Abortion — but Not Trans Rights".
- ^ Santoro, Helen (October 11, 2022). "The Myth That Fuels the Panic Over Surgery for Trans Teenagers". Slate.
- ^ Mary, Yang (February 15, 2023). "'New York Times' contributors slam paper's coverage of transgender people". NPR.
- ^ Moynihan, Donald (April 7, 2022) [2022-04-05]. "The QAnon catchphrases that took over the Jackson hearings". The Washington Post. Washington, D.C. ISSN 0190-8286. OCLC 1330888409.[please check these dates]
- ^ "How the Intellectual Dark Web Spawned 'Groomer' Panic". The Daily Beast. April 27, 2022. Retrieved May 16, 2022.
- ^ "'A nightmare scenario': How an anti-trans Instagram post led to violence in the streets". TheGuardian.com. July 28, 2021.
- ^ a b Stahl, Jeremy (April 27, 2022). "The Hate-Fueled and Hugely Influential World of Libs of TikTok". Slate Magazine. Retrieved July 27, 2022.
- ^ Persaud, Chris. "Babylon Bee CEO of Juno Beach backs Twitter firebrand who calls LGBTQ people pedophiles". The Palm Beach Post. Retrieved July 27, 2022.
- ^ "The Twitter activist behind the far-right 'Libs of TikTok' is an Orthodox Jew. Does that matter?". Jewish Telegraphic Agency. April 19, 2022. Retrieved July 27, 2022.
- ^ a b c Mathis-Lilley, Ben (April 21, 2022). "How One Florida Woman With Twitter Problems Plunged Us Into a Nightmarish National Conversation About 'Grooming'". Slate.
- ^ Romano, Aja (April 21, 2022). "The right's moral panic over "grooming" invokes age-old homophobia".
- ^ Cameron, Joseph (April 5, 2022). "Conservatives Are Smearing 'Don't Say Gay' Opponents as Pedophile 'Groomers'".
- ^ "Trans People Are Being Slandered As Groomers And Pedophiles By The Far-Right". Canadian Anti-Hate Network. April 7, 2022. Retrieved July 29, 2022.
- ^ Logan, Nick (July 2, 2022). "Transphobia is gaining ground in the U.S. Gender-diverse people in Canada worry it could happen here". CBC News.
- ^ Ash, Allison. "Team 10: Transgender man claims he was harassed in department store bathroom". 10News. Archived from the original on August 4, 2015.
- ^ "Study: Transgender People Experience Discrimination Trying To Use Bathrooms". ThinkProgress. Archived from the original on September 8, 2015.
- ^ Kellaway, Mitch (March 3, 2015). "Angry Activists Confront Trans Teen in Charlotte Bathroom, As Nondiscrimination Ordinance Fails". Advocate.com. Archived from the original on August 11, 2015.
- ^ "Texas Court Sidelines Houston's Nondiscrimination Ordinance". keranews.org. Associated Press. Archived from the original on September 6, 2015.
- ^ Steinmetz, Katy (March 6, 2015). "Transgender Bathroom Laws: Kentucky, Florida Bills to Restrict Access". Time.com. Archived from the original on September 18, 2015.
- ^ "Arizona Transgender Bathroom Bill Won't Move". The Huffington Post. June 6, 2013. Archived from the original on September 24, 2015.
- ^ "Parents Fight Bathroom Bills for Transgender Children". The Texas Observer. April 28, 2015. Archived from the original on September 6, 2015.
- ^ "Statistics Show Exactly How Many Times Trans People Have Attacked You in Bathrooms". Mic. April 2, 2015.
- ^ Lavietes, Matt (May 13, 2024). "Mississippi enacts transgender bathroom ban in public schools". NBC News. Retrieved May 13, 2024.
- ^ "Utah joins 10 other states in regulating bathroom access for transgender people". NBC News. January 31, 2024. Retrieved February 1, 2024.
- ^ Dave Phillips, Philipps, Dave (March 23, 2016). "North Carolina Bans Local Anti-Discrimination Policies". The New York Times. Archived from the original on May 5, 2016.
- ^ Henderson, Bruce; Funk, Tim (March 30, 2017). "Understanding the HB2 Repeal Law - What it Does and Doesn't Mean". Charlotte Observer. Retrieved July 9, 2021.
- ^ "ACLU Opposes HB2 Proposal that Would Continue Discrimination". American Civil Liberties Union. American Civil Liberties Union of North Carolina. Retrieved March 31, 2017.
- ^ Borrello, Stevie (April 22, 2016). "Sexual Assault and Domestic Violence Groups Debunk 'Bathroom Predator Myth'". ABC News. Retrieved November 20, 2019.
- ^ Howe, Jason (September 29, 2016). "Governor Signs California "All-Gender" Restroom Bill". Equality California. Archived from the original on December 21, 2016. Retrieved October 5, 2016.
- ^ Megarry, Daniel (October 4, 2016). "California becomes first US state to introduce gender-neutral bathroom law". Gay Times. Archived from the original on October 12, 2016. Retrieved October 5, 2016.
- ^ "Illinois officially passes bill requiring all single bathrooms be designated gender neutral". July 27, 2019.
- ^ "Tennessee governor signs "indecent exposure" bill, sparking fear about anti-trans harassment". Metro Weekly. May 8, 2019.
- ^ Alfonseca, Kiara (April 8, 2022). "Alabama governor signs 'Don't Say Gay,' trans care and bathroom ban bills". ABC News. Retrieved March 20, 2024.
- ^ Griesbach, Rebecca (March 19, 2024). "Alabama passes wide-ranging bill banning college DEI programs, training". al. Retrieved March 20, 2024.
- ^ Shapero, Julia (May 4, 2023). "Florida passes transgender bathroom bill". The Hill. Retrieved May 4, 2023.
- ^ Ennis, Dawn (April 28, 2015). "Florida's Trans Bathroom Bill Dies". Advocate.com. Archived from the original on May 10, 2016.
- ^ Kelleher, Patrick (September 3, 2021). "Trans woman charged with indecent exposure at spa says she's victim of harassment".
- ^ Queally, James; Chabria, Anita (September 2, 2021). "Indecent exposure charges filed against trans woman over L.A. spa incident". Los Angeles Times.
- ^ "About Wi Spa". Wi Spa USA. July 19, 2021. Archived from the original on July 19, 2021. Retrieved November 27, 2021.
- ^ Asher, Abe. "Transgender woman charged with indecent exposure for undressing in female YMCA locker room".
- ^ a b c d "FAQ: Answers to Some Common Questions about Equal Access to Public Restrooms". Lambda Legal. Archived from the original on September 5, 2015.
- ^ Liptak, Adam (October 28, 2016). "Supreme Court to Rule in Transgender Access Case". NY Times. Archived from the original on October 30, 2016. Retrieved October 29, 2016.
- ^ Barnes, Robert; Balingit, Moriah (October 28, 2016). "Supreme Court takes up school bathroom rules for transgender students". The Washington Post. Archived from the original on October 29, 2016. Retrieved October 29, 2016.
- ^ Hurley, Lawrence (July 13, 2016). "Transgender bathroom legal fight reaches Supreme Court". Reuters.
- ^ Williams, Pete (August 4, 2016). "Supreme Court Blocks Transgender Bathroom Ruling". NBC News. Retrieved August 8, 2016.
- ^ Grindley, Lucas (March 6, 2017). "Grimm Case Vacated, Sessions Sets Back Trans Rights at Supreme Court". Advocate.com. Retrieved March 7, 2017.
- ^ "Judges send Gavin Grimm case back to lower court". Associated Press. August 2, 2017. Archived from the original on August 4, 2017. Retrieved January 20, 2018.
- ^ Davies, Emily (August 26, 2020). "Court rules in favor of transgender student barred from using boys' bathroom". The Washington Post. Retrieved August 27, 2020.
- ^ Kruzel, John; Coleman, Justine (December 7, 2020). "Supreme Court denies review of school transgender bathroom policy". The Hill. Retrieved December 7, 2020.
- ^ "Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity | U.S. Equal Employment Opportunity Commission". www.eeoc.gov. June 15, 2021. Retrieved October 24, 2021.
- ^ "The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009". justice.gov. August 6, 2015. Archived from the original on August 28, 2015.
- ^ "Movement Advancement Project | Hate Crime Laws".
- ^ "National Equality Map – Transgender Law Center". transgenderlawcenter.org. Archived from the original on September 5, 2015.
- ^ "Movement Advancement Project | Local Nondiscrimination Ordinances". www.lgbtmap.org.
- ^ "Arkansas House Votes In Favor Of LGBT Discrimination". The Huffington Post. February 13, 2015. Archived from the original on September 24, 2015.
- ^ Migdon, Brooke (January 13, 2023). "Transgender youth health care bans have a new target: adults". The Hill. Retrieved February 5, 2024.
- ^ Goldman, Maya (January 10, 2024). "States are limiting gender-affirming care for adults, too". Axios. Retrieved February 5, 2024.
- ^ Lang, Nico (February 16, 2024). "Trans Adults Are the Next Target in the GOP's War on Gender-Affirming Health Care". them.us. Retrieved March 10, 2024.
- ^ a b c d e f g "The Proliferation of State Actions Limiting Youth Access to Gender Affirming Care". KFF. January 31, 2024. Retrieved February 5, 2024.
- ^ Reed, Erin (January 29, 2024). "Ohio, Michigan Republicans in released audio: 'Endgame' is to ban trans care 'for everyone'". The Advocate. Retrieved January 31, 2024.
- ^ Heywood, Todd (January 30, 2024). "In-depth: Michigan lawmakers discuss gender-affirming care ban". Yahoo!. Retrieved January 31, 2024.
- ^ Colvin, Jill (November 12, 2023). "Trump's plans if he returns to the White House include deportation raids, tariffs and mass firings". AP News. Retrieved February 5, 2024.
- ^ Weigel, David (February 3, 2023). "'At any age': Donald Trump pushes the GOP towards targeting transgender adults". Semafor. Retrieved February 5, 2024.
- ^ Weill, Kate; Briquelet, Kelly (June 30, 2023). "Trump Says He'll Ban Federal Government From Promoting Transgender Care at Any Age". The Daily Beast. Retrieved February 5, 2024.
- ^ Roarty, Alex (July 14, 2023). "It's trans adults, too: GOP candidates now back trans medical restrictions for all ages". Miami Herald. Retrieved February 5, 2024.
- ^ a b Schott, Brian. "Blocking gender-affirming health care in Utah could be found unconstitutional, a legal review found".
- ^ a b McKellar, Katie (January 26, 2023). "Utah House votes to ban transgender surgeries and puberty blockers for kids".
- ^ a b Transgender Medical Treatments and Procedures Amendments (Senate Bill 16). Utah State Legislature. January 11, 2023.
- ^ a b Schott, Bryan (January 27, 2023). "Ban on health care for transgender youth passed by Utah Legislature". Salt Lake Tribune.
- ^ "House Bill 1080" (PDF). South Dakota Legislature. 2023. Retrieved February 14, 2023.
- ^ "Sarah Huckabee Sanders Signs Arkansas Trans Care Malpractice Bill Into Law". HuffPost. March 14, 2023. Retrieved March 15, 2023.
- ^ Woodward, Alex (August 5, 2022). "Florida begins rule-changing process to ban gender-affirming care for trans youth". Independent.co.uk.
- ^ Yurcaba, Jo (May 17, 2023). "DeSantis signs 'Don't Say Gay' expansion, gender-affirming care ban". NBC News. Retrieved May 17, 2023.
- ^ "In one day, three bills targeting transgender Floridians pass House".
- ^ "Trans patients being dropped as Florida law bans "Up To 80%"". Los Angeles Blade. May 11, 2023.
- ^ a b "Judge Strikes Down Florida's Ban on Transgender Care for Minors". New York Times. June 11, 2024. Retrieved June 12, 2024.
- ^ a b "US appeals court clears way for Florida ban on transgender care for minors". ABC News. August 26, 2024. Retrieved August 27, 2024.
- ^ "Missouri's attorney general opened a new front in the GOP's attacks on transgender people: Banning treatment for any adult with depression". Business Insider.
- ^ "ASAN Condemns Restrictions on Gender-Affirming Care". March 22, 2023.
- ^ "Missouri AG issues emergency order restricting gender-affirming health care". April 13, 2023.
- ^ "Gender Transition Interventions - EMERGENCY RULE" (PDF). ago.mo.gov. April 13, 2023.
- ^ "Gender-Affirming Care for Adults Is Now Basically Banned in Missouri". Vice.
- ^ "Transgender adults brace for treatment cutoffs in Missouri". Seattle Times.
- ^ "Missouri AG Directly Cites the New York Times' Anti-Trans Coverage To Justify Horrific New Ban". The Mary Sue.
- ^ Ballentine, Summer (May 2, 2023). "Judge Blocks Missouri Rule That Would Limit Transgender Care". HuffPost. Retrieved May 2, 2023.
- ^ "Missouri attorney general drops controversial emergency rule that would have banned gender-affirming care for children and many adults". CNN.
- ^ "AG Bailey ends emergency rules restricting transgender healthcare". KMOV.
- ^ "North Dakota governor signs law criminalizing trans health care for minors". PBS. April 20, 2023. Retrieved January 3, 2024.
- ^ a b "Arkansas Lawmakers Override Veto, Enact Transgender Youth Treatment Ban". Associated Press. April 6, 2021.
- ^ McMillan, Jeff; Kruesi, Kimberlee (May 20, 2023). "Meet the influential new player on transgender health bills". AP News. Archived from the original on July 4, 2023. Retrieved September 6, 2023.
- ^ Balevic, Katie. "Do No Harm, a group of 'medical professionals' fighting 'woke healthcare,' is behind many anti-trans laws". Business Insider. Archived from the original on June 6, 2023. Retrieved September 6, 2023.
- ^ "APA Policy Statement on Affirming Evidence-Based Inclusive Care for Transgender, Gender Diverse, and Nonbinary Individuals, Addressing Misinformation, and the Role of Psychological Practice and Science". American Psychological Association. February 2024. Retrieved February 29, 2024.
- ^ Reed, Erin. "World's largest psych association supports trans youth care". www.advocate.com. Retrieved February 29, 2024.
- ^ a b "Nearly 100,000 transgender youth live in states that banned access to health care, sports, or school bathrooms in 2023". Williams Institute. Retrieved December 29, 2023.
- ^ "Efforts to restrict transgender health care endure in 2024, with more adults targeted". NBC News. January 11, 2024. Retrieved February 5, 2024.
- ^ Panetta, Grace (June 9, 2023). "Lawmakers in blue states are linking protections for abortion and gender-affirming care". The 19th. Retrieved January 1, 2024.
- ^ Hassan, Adeel (June 27, 2023). "States Passed a Record Number of Transgender Laws. Here's What They Say". The New York Times. New York Times.
- ^ Block M. "Parents raise concerns as Florida bans gender-affirming care for trans kids". NPR. Archived from the original on June 11, 2023. Retrieved June 11, 2023.
- ^ Schott B. "Why GOP lawmakers want to stop doctors from prescribing gender-affirming care for Utah's youth". The Salt Lake Tribune. Archived from the original on June 11, 2023. Retrieved August 14, 2023.
- ^ Connell-Bryan A, Kenen J, Holzman J (November 27, 2022). "Conservative states are blocking trans medical care. Families are fleeing". Politico. Archived from the original on November 30, 2022. Retrieved November 30, 2022.
- ^ Ramirez M. "As state laws target transgender children, families flee and become 'political refugees'". USA Today. Archived from the original on November 30, 2022. Retrieved November 30, 2022.
- ^ Yurcaba J (April 19, 2021). "'It's not safe': Parents of trans kids plan to flee their states as GOP bills loom". NBC News. Archived from the original on November 30, 2022. Retrieved November 30, 2022.
- ^ "Federal Judge Blocks Arkansas Ban On Gender Confirming Treatments For Trans Youth". NPR. July 21, 2021.
- ^ Branigin, Anne (June 21, 2023). "Arkansas federal judge blocks first ban on gender-affirming care". Washington Post. ISSN 0190-8286. Retrieved June 21, 2023.
- ^ "Texas Governor Greg Abbott orders state agencies to investigate gender-transitioning procedures as child abuse". CBS News. February 24, 2022. Retrieved March 5, 2022.
- ^ Yurcaba, Jo (February 23, 2022). "Texas governor calls on citizens to report parents of transgender kids for abuse". NBC News.
- ^ "Texas Court Expands Injunction Blocking State from Targeting Families of Trans Youth Who Are Members of PFLAG National".
- ^ Nguyen, Alex; Melhado, William (June 2, 2023). "Gov. Greg Abbott signs legislation barring trans youth from accessing transition-related care". The Texas Tribune. Retrieved June 4, 2023.
- ^ Melhado, William (August 25, 2023). "Texas ban on puberty blockers and hormone therapy for trans kids will go into effect despite legal fight". The Texas Tribune. Retrieved January 24, 2024.
- ^ Vertuno, Jim; Demillo, Andrew (June 28, 2024). "Texas Supreme Court upholds ban on youth gender transitions. It's the largest state with such a law". AP News. Retrieved July 20, 2024.
- ^ Chandler, Kim (April 8, 2022). "Alabama Governor Signs Law Banning Transgender Medication". HuffPost. Retrieved April 9, 2022.
- ^ Caspani, Maria (May 9, 2022). "Alabama ban on gender-affirming care for transgender youth takes effect". Reuters. Reuters. Retrieved May 9, 2022.
- ^ Rojas, Rick (May 14, 2022). "Alabama's Transgender Youth Can Use Medicine to Transition, Judge Rules". The New York Times. ISSN 0362-4331. Retrieved May 14, 2022.
- ^ Fortinsky, Sarah (August 21, 2023). "Court reverses injunction on Alabama transgender health care ban". The Hill. Retrieved January 1, 2024.
- ^ "Human Rights Campaign: South Dakota Lawmakers Turn Their Backs on Trans Kids Once Again". Human Rights Campaign. February 9, 2023. Retrieved February 14, 2023.
- ^ Cameron, Kesia (February 9, 2023). "SD Senate passes bill prohibiting gender-affirming medical care for minors". Dakotanewsnow.com. Retrieved February 14, 2023.
- ^ Sforza, Lauren (February 14, 2023). "Noem signs gender-affirming care ban for South Dakota youth". The Hill. Retrieved February 14, 2023.
- ^ Yurcaba, Jo (February 28, 2023). "Mississippi governor signs bill banning transgender health care for minors". NBC News. Retrieved February 28, 2023.
- ^ Wagster Pettus, Emily (February 21, 2023). "Mississippi Senate passes limit on gender-affirming health care". PBS NewsHour. Retrieved February 21, 2023.
- ^ Brown, Melissa (February 23, 2023). "Tennessee legislature passes ban on gender-transition health care for minors". The Tennessean. Retrieved February 23, 2023.
- ^ "TN Governor signs drag show, gender-affirming care bills into law". WJHL | Tri-Cities News & Weather. March 2, 2023. Retrieved March 2, 2023.
- ^ Walker, Finch (February 22, 2023). "Ban on health care for trans youth to go into effect in March. More is coming, Fine says". Florida Today. Retrieved February 22, 2023.
- ^ "Florida's Ban on Gender-Affirming Care for Minors Goes Into Effect Today". MSN. Retrieved March 16, 2023.
- ^ Farrington, Brendan (May 17, 2023). "Florida Gov. DeSantis signs bills targeting drag shows, trans rights and care for transgender children". PBS NewsHour. Retrieved May 19, 2023.
- ^ "Preliminary injunction, Case No. 4:23cv114-RH-MAF, U.S. District Court for the Northern District of Florida, Tallahassee" (PDF). storage.courtlistener.com. June 6, 2023. Retrieved June 6, 2023.
- ^ Rose, Andy; Forrest, Jack (March 23, 2023). "Iowa's governor signs law banning gender-affirming care for minors". CNN Politics. Retrieved March 23, 2023.
- ^ "Georgia law will ban most transgender care for kids under 18". NBC News. March 23, 2023. Retrieved May 1, 2023.
- ^ Boboltz, Sara (March 21, 2023). "Georgia Legislature Sends Anti-Trans Health Care Bill To GOP Governor". HuffPost. Retrieved March 21, 2023.
- ^ Riedel, Samantha (September 6, 2023). "Georgia's Ban on Gender-Affirming Care for Youth Is Back In Effect". them.us. Retrieved February 5, 2024.
- ^ Chen, Shawna; Habeshian, Sareen (March 30, 2023). "Kentucky and West Virginia the latest states to step up anti-trans push". Axios. Retrieved April 7, 2023.
- ^ Siegler, Allen (March 29, 2023). "W.Va. transgender health bill may have little effect on access to care". The Register-Herald. Retrieved March 24, 2024.
- ^ "GOP lawmakers override veto of transgender bill in Kentucky". Associated Press. March 29, 2023.
- ^ Mattise, Jonathan (September 29, 2023). "Judges maintain bans on gender-affirming care for youth in Tennessee and Kentucky". AP News. Retrieved October 7, 2023.
- ^ Schreiner, Bruce; Lovan, Dylan (July 14, 2023). "Kentucky's ban on gender-affirming care takes effect as federal judge lifts injunction". AP News. Retrieved October 7, 2023.
- ^ a b Cole, Devan (March 30, 2022). "Arizona governor signs bill outlawing gender-affirming care for transgender youth and approves anti-trans sports ban". CNN.
- ^ "SB 1138" (PDF). AZLeg.gov. 2022. Retrieved April 10, 2023.
- ^ a b "Arizona governor's executive orders ban conversion therapy, permit transgender health care". The Hill. June 28, 2023. Retrieved January 1, 2024.
- ^ "House Bill 71 – Idaho State Legislature". Retrieved April 5, 2023.
- ^ Maldonado, Mia (March 27, 2023). "Idaho bill to ban gender care for trans youth clears Senate, heads back to House". Idaho Capital Sun. Retrieved April 5, 2023.
- ^ "Federal judge blocks Idaho gender-affirming transgender care ban". ABC News. December 27, 2023. Retrieved January 1, 2024.
- ^ "Supreme Court temporarily revives Idaho law banning gender affirming care for minors". NPR. April 15, 2024. Retrieved April 15, 2024.
- ^ "Supreme Court permits Idaho to enforce ban on gender-affirming care for minors". CNN. April 15, 2024. Retrieved April 15, 2024.
- ^ "Indiana and Idaho enact bans on gender-affirming care for transgender youth | CNN Politics". CNN. April 7, 2023.
- ^ "Federal judge blocks most of Indiana's ban on gender-affirming care for minors". PBS NewsHour. June 16, 2023. Retrieved June 16, 2023.
- ^ "Ban on gender-affirming care for minors allowed to take effect in Indiana". ABC. February 27, 2024. Retrieved February 27, 2024.
- ^ Ahmed, Trisha (April 20, 2023). "North Dakota governor signs law criminalizing trans health care for minors". PBS. Retrieved January 1, 2024.
- ^ Hanson, Amy Beth (April 28, 2023). "Montana latest to ban gender-affirming care for trans minors". Associated Press. Retrieved April 29, 2023.
- ^ Montana Fourth Judicial District Court (September 27, 2023). "Order granting plaintiffs' motion for preliminary injunction" (PDF). ACLU. Retrieved October 7, 2023.
- ^ "House Bill 808" ncleg.gov. 2023. Retrieved August 26, 2023
- ^ Veto of House Bill 808. webservices.ncleg.gov. 2023. Retrieved August 26, 2023
- ^ "House Bill 808" ncleg.gov. 2023. Retrieved August 26, 2023
- ^ "Oklahoma governor signs ban on gender-affirming care for trans kids". PBS News. May 1, 2023. Retrieved July 20, 2024.
- ^ Murphy, Sean (October 7, 2023). "Federal Judge Allows Oklahoma Ban On Gender-Affirming Care For Minors To Take Effect". HuffPost. Archived from the original on January 1, 2024. Retrieved October 8, 2023.
- ^ "Nebraska imposes 40 hours of therapy and other restrictions on care for trans youths". NBC News. October 2, 2023. Retrieved January 1, 2024.
- ^ "Ohio Governor Bans All Gender-Affirming Surgeries For Minors". HuffPost. January 6, 2024. Retrieved January 6, 2024.
- ^ Kaur, Anumita; Shin, Annys (December 14, 2023). "Ohio legislators pass ban on gender-affirming care for minors, sending bill to governor". Washington Post. ISSN 0190-8286. Retrieved December 15, 2023.
- ^ "Ohio bans gender-affirming care for minors, restricts transgender athletes over Gov. Mike DeWine's veto". CBS News. January 24, 2024. Retrieved January 24, 2024.
- ^ "Ohio judge blocks ban on gender-affirming care for minors". The Hill. April 16, 2024. Retrieved April 17, 2024.
- ^ "Judge upholds Ohio's gender-affirming care ban; civil rights group vows immediate appeal". ABC News. August 6, 2024. Retrieved August 7, 2024.
- ^ "Wyoming Bans Gender Transition Care for Minors". New York Times. March 22, 2024. Retrieved March 23, 2024.
- ^ "South Carolina Bans Gender Transition Care for Minors". New York Times. May 21, 2024. Retrieved May 22, 2024.
- ^ "4th Circuit rules gender identity is a protected characteristic". Washington Blade. April 29, 2024. Retrieved May 22, 2024.
- ^ "NH HB619 2024 Regular Session". LegiScan.
- ^ a b "Sununu signs bans on trans girls in girls' sports, gender affirming surgeries for minors". New Hampshire Bulletin. July 19, 2024. Retrieved July 20, 2024.
- ^ "A parent and child's perspectives on the need for trans and nonbinary allyship". www.ctpublic.org. Retrieved January 1, 2024.
- ^ Stracqualursi, Veronica. "Connecticut governor signs law protecting abortion seekers and providers from out-of-state lawsuits". CNN. Retrieved January 1, 2024.
- ^ "Massachusetts governor signs bill safeguarding reproductive, gender-affirming health care into law". The Hill. July 29, 2022. Retrieved January 1, 2024.
- ^ "Senator Wiener's Historic Bill to Provide Refuge for Trans Kids and Their Families Signed into Law". sd11.senate.ca.gov. Retrieved January 1, 2024.
- ^ "Washington DC Mayor signs 'comprehensive' trans and abortion bill". November 29, 2022. Retrieved January 1, 2024.
- ^ "Gov. Pritzker Signs Sweeping Reproductive Rights Protections Into Law". www.illinois.gov. January 13, 2023. Retrieved January 1, 2024.
- ^ "Governor signs House Bill 7, Reproductive and Gender-Affirming Health Care Act". www.governor.state.nm.us. March 16, 2023. Retrieved January 1, 2024.
- ^ "Vermont governor signs bills protecting access to abortion, gender-affirming care". The Hill. May 10, 2023. Retrieved January 1, 2024.
- ^ "Governor Murphy Signs Executive Order Protecting Gender-Affirming Health Care in New Jersey". www.nj.gov. April 4, 2023. Retrieved January 1, 2024.
- ^ "Colorado offers safe haven for abortion, transgender care". AP News. April 14, 2023. Retrieved January 1, 2024.
- ^ "Minnesota Session Laws - 2023, Regular Session". www.revisor.mn.gov. April 27, 2023. Retrieved January 1, 2024.
- ^ Komenda, Ed (May 9, 2023). "Transgender minors protected from estranged parents under Washington law". PBS. Retrieved January 1, 2024.
- ^ "Governor Moore Signs Executive Order to Protect Gender Affirming Health Care in Maryland". governor.maryland.gov. June 6, 2023. Retrieved January 1, 2024.
- ^ Yurcaba, Jo (June 26, 2023). "New York governor signs 'safe haven' law for transgender youth". NBC News. Retrieved January 1, 2024.
- ^ Wyatt, Sydney (August 15, 2023). "Oregon Gov. Tina Kotek celebrates law protecting gender-affirming care, abortion". Statesman Journal. Retrieved January 1, 2024.
- ^ "Gov. Mills signs controversial abortion and gender-affirming care bill into Maine law". April 23, 2022. Retrieved April 24, 2024.
- ^ "Maine's Governor Mills signs trans & abortion sanctuary bill into law". April 23, 2022. Retrieved April 24, 2024.
- ^ "Bill Texts: RI S2262 2024 Regular Session". LegiScan.
- ^ Murchison G, Adkins D, Conard LA, Elliott T, Hawkins LA, Newby H, et al. (September 2016). Supporting and Caring for Transgender Children (PDF) (Report). American Academy of Pediatrics. p. 11.
To prevent the consequences of going through a puberty that doesn't match a transgender child's identity, healthcare providers may use fully reversible medications that put puberty on hold.
- ^ Wang, Yingying; Adamson, Chris; Yuan, Weihong; Altaye, Mekibib; Rajagopal, Akila; Byars, Anna W.; Holland, Scott K. (October 2012). "Sex differences in white matter development during adolescence: A DTI study". Brain Research. 1478: 1–15. doi:10.1016/j.brainres.2012.08.038. PMC 3592389. PMID 22954903.
- ^ de Vries, Annelou L.C.; Steensma, Thomas D.; Doreleijers, Theo A.H.; Cohen-Kettenis, Peggy T. (August 2011). "Puberty Suppression in Adolescents With Gender Identity Disorder: A Prospective Follow-Up Study". The Journal of Sexual Medicine. 8 (8): 2276–2283. doi:10.1111/j.1743-6109.2010.01943.x. PMID 20646177.
- ^ a b Schroth, Peter W.; Erickson-Schroth, Laura; Foster, Linda L.; Burgess, Alexis; Erickson, Nancy S. (2018). "Perspectives on Law and Medicine Relating to Transgender People in the United States". The American Journal of Comparative Law. 66: 91–126. JSTOR 26497456.
- ^ Obedin-Maliver, Juno; Goldsmith, Elizabeth S.; Stewart, Leslie; White, William; Tran, Eric; Brenman, Stephanie; Wells, Maggie; Fetterman, David M.; Garcia, Gabriel; Lunn, Mitchell R. (September 7, 2011). "Lesbian, Gay, Bisexual, and Transgender–Related Content in Undergraduate Medical Education". JAMA. 306 (9): 971–977. doi:10.1001/jama.2011.1255. PMID 21900137.
- ^ "When Healthcare Isn't Caring" (PDF). Lambda Legal: 1–28. 2010.
- ^ "This Trans Man's Breast Cancer Nightmare Exemplifies The Problem With Transgender Health Care". The Huffington Post. June 15, 2015. Archived from the original on August 26, 2015.
- ^ "Off to the ER: Will I Be Treated With Dignity?". The Huffington Post. February 26, 2015. Archived from the original on September 24, 2015.
- ^ "Parts Unknown". The Huffington Post. September 20, 2013. Archived from the original on September 24, 2015.
- ^ Moreau, Julie (May 4, 2019). "'Religious freedom' rule could cause 'significant damage' to LGBTQ health care, advocates say". NBC News.
- ^ a b Grinberg, Emanuella; Kantor, Alice; Walker, Christina (May 31, 2018). "To be herself, she needs to change her body. But first, comes the battle with insurers". CNN. Retrieved May 31, 2018.
- ^ a b Sherman, Carter (April 25, 2019). "Trump plans to take health care protections away from trans patients". Vice News.
- ^ Simmons-Duffin, Selena (June 12, 2020). "Transgender Health Protections Reversed By Trump Administration". NPR. Retrieved June 28, 2020.
- ^ Alonso-Zaldivar, Ricardo (May 10, 2021). "Reversing Trump, U.S. Restores Transgender Health Protections". HuffPost. Retrieved May 10, 2021.
- ^ "FAQ About Health Provider Discrimination". Lambda Legal. Archived from the original on September 5, 2015.
- ^ Ne'eman, Ari; Bell, Elizabeth; Schneider, Monica; Strolovitch, Dara (October 2022). "Identifying And Exploring Bias In Public Opinion On Scarce Resource Allocation During The COVID-19 Pandemic". Health Affairs. 41 (10): 1513–1522. doi:10.1377/hlthaff.2022.00504. PMID 36190885. S2CID 252682023.
- ^ "Republicans are quietly pushing to defund transgender healthcare - and not just for minors". Independent. July 23, 2024. Archived from the original on July 23, 2024. Retrieved July 24, 2024.
- ^ Hafner, Katie (August 10, 2018). "As Catholic Hospitals Expand, So Do Limits on Some Procedures". NYT.
- ^