Trump Bans Gender-Affirming Care for Minors

*This was first published by The Hill

President Trump on Tuesday signed a sweeping executive order meant to broadly restrict access to gender-affirming care for transgender children and teenagers younger than 19, inching closer to fulfilling a key campaign promise to ban treatments that he and his administration have cast as experimental and dangerous, in conflict with major medical associations and transgender health experts.

“Across the country today, medical professionals are maiming and sterilizing a growing number of impressionable children under the radical and false claim that adults can change a child’s sex through a series of irreversible medical interventions,” Tuesday’s order states. “This dangerous trend will be a stain on our Nation’s history, and it must end.”

“Accordingly, it is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures,” the order states.

Every major medical organization supports gender-affirming care for transgender adults and minors, although not every trans person chooses to medically transition or has access to care.

Trump’s executive order, titled “Protecting Children from Chemical and Surgical Mutilation,” tasks federal agencies with rescinding or amending policies that rely on guidance from the World Professional Association for Transgender Health (WPATH), including the organization’s latest standards of care, released in 2022.

WPATH, a nonprofit professional organization devoted to transgender health care, did not immediately return a request for comment.

Trump’s order tasks the incoming Secretary of Health and Human Services (HHS) with publishing a review of existing literature on best practices “for promoting the health of children who assert gender dysphoria, rapid-onset gender dysphoria, or other identity-based confusion.”

Rapid-onset gender dysphoria, which claims that adolescents identify as transgender because of influence from friends or social media, is not recognized as a valid medical diagnosis by major professional medical organizations. In 2021, 61 professional health care organizations, including the American Psychological Association, signed a letter stating the condition lacks “rigorous empirical support for its existence.”

According to Tuesday’s order, heads of executive departments and agencies that provide research and education grants to medical institutions, including medical schools and hospitals, should take immediate steps to block funding for institutions that continue providing gender-affirming care to minors.

Meredithe McNamara, an assistant professor of pediatrics at Yale University specializing in adolescent medicine, said the provision amounts to “an immediate de facto ban on medical care” for trans youth who receive care at academic medical centers.

“It basically defunds those medical centers if they continue to provide that care,” McNamara said of the order.

“This is a stunning example of how all health care is tied together, and how the most effective way to attack gender-affirming care is to attack the entire health care apparatus as a whole,” she added in an interview. “They’re holding everyone hostage and saying, ‘We’re going to take away everyone’s healthcare unless you systematically deprive just these people.’”

Trump’s executive order additionally directs the HHS Secretary — a position he wants for Robert F. Kennedy, Jr. — to bar access to gender-affirming care for transgender minors through federal programs like Medicaid and Medicare and withdraw the department’s 2022 guidance supporting gender-affirming care. The secretary should issue new guidance, in consultation with the incoming attorney general, “protecting whistleblowers who take action related to ensuring compliance with this order,” according to Tuesday’s order.

The executive order also directs Defense Secretary Pete Hegseth to draft a rule to exclude coverage for gender-affirming care for minors from TRICARE, the military’s health program. Former President Biden in December signed a $895 billion defense policy bill barring TRICARE from covering transition-related care for transgender children of active-duty service members, a provision that military families with transgender kids called a “slap in the face.”

Tuesday’s order similarly tasks the director of the Office of Personnel Management with taking steps to remove coverage for gender-affirming care for trans youth from federal health plans.

It also asks the attorney general to prioritize enforcement of existing federal laws against female genital mutilation, which carry a penalty of up to 10 years in prison. The attorney general should also “prioritize investigations and take appropriate action to end deception of consumers, fraud, and violations of the Food, Drug, and Cosmetic Act” by entities that may be “misleading the public” about the long-term side effects of transition-related care.

Republican state attorneys general have, in recent years, used consumer protection laws to investigate individuals and organizations that provide gender-affirming care to minors. A Senate Finance Committee report released in April claimed that at least four GOP attorneys general — Ken Paxton of Texas, Todd Rokita of Indiana, Jonathan Skrmetti of Tennessee and Andrew Bailey of Missouri — abused their oversight authorities to “further ideological and political goals.”

Trump’s executive order additionally directs the attorney general to work with Congress to “draft, propose, and promote legislation” to enact a private right of action for children, as well as their parents, “whose healthy body parts have been damaged” by medical professionals practicing transgender health care.

The attorney general should also take “appropriate action,” the order states, “to end child-abusive practices by so-called sanctuary States,” including through the potential application of the Parental Kidnapping Prevention Act, a federal law preventing one parent from interfering with another parent’s custody rights.

Conservative organizations celebrated Trump’s executive order Tuesday evening. In a joint statement, Independent Women’s Forum and Independent Women’s Voice said the move restores the “true meaning of ‘care’ for America’s youngest generation.”

Kristina Rasmussen, executive director of Do No Harm, a health policy group that opposes gender-affirming care for minors, said Trump’s order prioritizes “safety, scientific integrity, and family autonomy.”

Omar Gonzalez-Pagan, senior counsel and health care strategist at the LGBTQ civil rights organization Lambda Legal, called the order “morally reprehensible and patently unlawful” and said the group would sue.

“The federal government — particularly, this administration — has no right to insert itself into conversations and decision-making that rightly belongs only to parents, their adolescent children, and their medical providers,” he said.

The executive order comes after Trump signed separate orders declaring that the federal government recognizes only two sexes, male and female, and barring transgender people from serving openly in the military.

January 29, 2025 0

New Jersey LGBTQ Advocates from Garden State Equality Say They’ll Continue to Pushback with Facts

*This was first published by GLAAD.

LGBTQ activists in New Jersey say they’re fortunate to live in New Jersey as the new administration kicks-off its term by attacking the transgender community and diversity initiatives. Advocates at Garden State Equality say New Jersey sets a standard for legal equality that can inspire states throughout the country.

As part of its education and advocacy “Going Local” programming across the country, the GLAAD Media Institute (GMI) – GLAAD’s training, research and consulting division – convened meetings with local leaders and community advocates at Garden State Equality and throughout the nation. Attendees who complete a program or session with the GLAAD Media Institute are immediately deemed GLAAD Media Institute Alumni, who are equipped to maximize community impact by leveraging their own story for culture change.

The state is known for its tough pro-equality laws like New Jersey Law Against Discrimination (LAD), which is considered one of the most comprehensive anti-discrimination laws in the country. Yet, new laws in the state legislature help combat a rise of LGBTQ disinformation and hate speech, straight out of Project 2025. The anti-LGBTQ hate machine has affected dozens of Jersey school board’s policies on book bans, critical race theory, and sex education.

Since Garden State Equality’s founding in 2004, over “230 LGBTQ civil rights laws” have been enacted at the state, county, and local levels. According to the organization’s website, that’s “more laws in less time than in any other state in American history.”

On a federal level, President Trump began his second term signing executive orders to dispute the fact that transgender and gender diverse people exist. On Trump’s first days in office he signed an executive order titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. The order is used to delegitimize trans truth, history, and science, which promptly raised concerns over a federal ban of the “x” gender marker for people of nonbinary, trans or gender nonconforming experience in the United States.

“As of today, it will henceforth be the official policy of the United States government that there are only two genders, male and female,” President Trump incorrectly said upon signing the order.

Garden State Equality says they’re ready to resist these efforts by the current administration, and continue to encourage diversity, equity, and inclusion (DEI) programs, while uplifting best practices for LGBTQ youth and adult community members as they have within their state government, says advocates.

“We want our youth to understand that they don’t just live in a bubble here in New Jersey, that the work that they are doing to be activists here in our state is going to influence other states and other students across the nation,” Natalie Hernandez told GLAAD.

Natalie Hernandez, Project Manager & Trainer — Natalie Hernandez, camp director and project manager & trainer; Screenshot by Lana Leonard

Hernandez is the Camp Director of Garden State Equality’s Changemakers Youth Leadership summer program. Empowering youth leaders helps inform the work of other departments and so forth, it’s a collaborative effort to fight for legal equality for the state organization.

Hime Sarah Thomas, project manager and trainer with the Education and Youth Development Department, grew up in a queer family who introduced Thomas to Garden State Equality through the Changemakers Youth Leadership summer program. Thomas works to encourage youth to become “changemakers” by giving them an outlet to express their frustrations, and amplify their voices.

Only a small number of youth actually transition: less than one-tenth of one percent of teenagers with private insurance in the United States are transgender and receive gender-related medicine, according to a study by JAMA Pediatrics.

“These youth need a space where they can talk about all the things that are happening in the news and the world because they don’t have the autonomy to be able to vote and make those choices on who is representing them,” Thomas said.

For Aisling MacDonald, a project manager for the organization’s Training and Trans Resiliency Program, which advocates for the wellness of transgender and gender nonconforming adults and families moving into New Jersey for their LGBTQ protections.

“Our world is ever evolving. There are some very legitimate anxieties, and also… we are really, really fortunate to live here,” MacDonald said.

MacDonald spends much of her day building coalition relationships and legal resources for name changes and documents for trans people who have been under attack on social media, through legislation, and the news.

Hime Sarah Thomas, project manager & trainer; Screenshot by GLAAD — Hime Sarah Thomas, project manager & trainer; Screenshot by Lana Leonard

“My experience as a woman of trans experience who is from some very particular demographics, and a very particular flavor of multiple marginalizations, is that we do not have a lot of trust for systems, institutions and legislators, especially,” MacDonald said. “And I think more than anything else in 2025 we have an opportunity to build a different kind of community.”

These insights into the LGBTQ community of Asbury Park lead into a larger narrative about community needs in New Jersey and beyond. Even still, Garden State Equality recognizes that there are hurdles that must still be overcome.

More about the GLAAD Media Institute: The GLAAD Media Institute provides training, consultation, and actionable research to develop an army of social justice ambassadors for all marginalized communities to champion acceptance and amplify media impact. Using the best practices, tools, and techniques we’ve perfected over the past 30 years, the GLAAD Media Institute turns education into armor for today’s culture war—transforming individuals into compelling storytellers, media-savvy navigators, and mighty ambassadors whose voices break through the noise and incite real change. Activate with the GLAAD Media Institute now at glaad.org/institute

January 27, 2025 0

North Texas’s First LGBTQIA+ Affordable Senior Housing Development Completed

*This was first published for The Architect’s Newspaper

The U.S. has always been a difficult country to “age in place”—seniors who can’t find lodging with a loved one are often relegated to nursing homes, if they can afford the fees. The situation gets even more precarious for LGBTQIA+ seniors, who commonly see bias in the rental application process, and get turned down for apartments at high rates.

Things are especially dire in Texas, where state law doesn’t protect individuals from housing discrimination based on their sexual orientation, although LGBTQIA+ individuals are still protected under the federal Fair Housing Act. This exacerbates the problem and puts even more people at risk of poverty and social isolation.

Perkins&Will’s Dallas studio recently completed a new affordable housing project to help combat this public health crisis. Today, Oak Lawn Place in Dallas represents north Texas’s first affordable housing development of its kind, the architects shared. It offers 100 percent affordable housing for LGBTQIA+ seniors, 55 years of age and older.

Karen Chen of Sunshine Studios created a bespoke mural on every floor of the building. (James Steinkamp)

The Dallas neighborhood of Oak Lawn has been the beating heart of north Texas’s LGBTQIA+ community for decades. Oak Lawn Place was built with the developer Matthews Southwest, Volunteers of America, and Resource Center, one of the largest LGBTQIA+ community centers in the country and a key north Texas HIV/AIDS service organization.

“I’m seeing Oak Lawn Place transform people’s lives,” Resource Center CEO Cece Cox said in a press statement. “A project like this elevates everyone and makes Dallas a better place.”

In plan, Oak Lawn Place is shaped like a C. This was meant to increase natural light exposure within every unit; this feature also provides a protective wing that surrounds an outdoor deck, hidden from public view. The deck has great views of the site’s sloping topography and a nearby creek.

Mural by Karen Chen of Sunshine Studios (James Steinkamp)

Karen Chen of Sunshine Studios created a bespoke mural on every floor of the building, which helps with wayfinding. Oak Lawn Place was designed with maximum accessibility in mind—everything from the hallway seatings, elevator lobbies, to wheelchair-friendly doorways are meant to provide a positive user experience.

The design of Oak Lawn Place is economical and efficient, yet still manages to have splashes of color here and there; the facade has a rainbow flag to signify all are welcome. The 80,000-square-foot building has a total 84 units. It’s within walking distance of public transit options and Resource Center’s Community Center.

The building has a shared kitchen and other community-building amenities. (James Steinkamp)

“Oak Lawn Place helps make Dallas a more inclusive, inviting city—for those considering moving here and for those wondering, as a queer person, ‘Will I truly feel welcome? Are there spaces in Dallas for me?’ We are honored and proud to bring this project to life,’” Cox continued.

A new healthcare facility, Resource Center Health, will open across the street from Oak Lawn Place later this year.

January 23, 2025 0

Study: LGBTQ youth, family relocate amid increasing anxiety over laws directed at them

*This was published on USA Today

More than a quarter million LGBTQ+ young people and family members in the U.S. have relocated to other states because of LGBTQ+-related politics or laws, according to estimates outlined in a new report exploring the population’s response to hostile policy environments.

According to the brief compiled by The Trevor Project and Movement Advancement Project, 9 in 10 LGBTQ+ young people say politics have impacted their well-being, while 4 in 10 say they’ve thought about moving to another state because of unfriendly LGBTQ+ politics or laws at home.

The portion was even higher for transgender and nonbinary youth, 94% of whom said politics had affected their well-being and nearly half (45%) who said they’d considered relocating.

“For many LGBTQ+ young people in the U.S., the steady stream of anti-LGBTQ+ news may feel overwhelming right now,” said Steven Hobaica, a research scientist for the Trevor Project, a national LGBTQ+ youth advocacy group focused on suicide prevention. “It’s heartbreaking to see that nearly half of transgender and nonbinary youth have considered moving due to anti-LGBTQ+ policies.”

While just 4% of LGBTQ+ young people ages 13 to 24 reported uprooting because of anti-LGBTQ+ policies, that translates to roughly 266,000 young people and family members based on LGBTQ+ youth population estimates, the groups said.

Trump administration presents new threats

The report comes as President Donald Trump returns to the White House after making gender identity issues a focal point of his campaign. On Monday, after being sworn in, Trump issued a spate of executive orders that included seeking to remove legal protections for transgender people in federal spaces, laying the groundwork to potentially bar transgender individuals from military service and declaring that the U.S. government will only recognize two sexes, male and female.

“No matter a person’s political beliefs, we know, from our research and from what LGBTQ+ young people tell us, that policies like these take a damaging toll on LGBTQ+ young people’s mental health,” said Janson Wu, The Trevor Project’s senior director of state advocacy and government affairs.

The organization said its crisis services saw a 33% increase on Inauguration Day compared to typical volume. But that still paled, it noted, to the sevenfold increase in crisis services experienced the day after the 2024 election.

“No matter your political beliefs or how you feel about the current administration, one thing must be made clear to all of us living in the United States: Real young people’s lives are at risk,” said Trevor Project CEO Jaymes Black.

Recent years have already seen increasing numbers of state laws and proposed legislation targeting the LGBTQ+ community, especially measures aimed at curbing the rights of transgender youth.

“It’s critical that we not only call attention to the negative impact of these divisive political attacks but also highlight that this research supports the idea that more inclusive policy environments lead to better outcomes for LGBTQ young people across a range of measures,” said Logan Casey, director of policy research for Movement Advancement Project.

Hostile climates raise mental, emotional health risk

The organizations said they compiled the report given a lack of research into how LGBTQ+ young people respond to hostile policy environments, despite studies showing that those youths experience greater mental health challenges and higher suicide risk in such environments.

“By gaining more knowledge of how LGBTQ+ young people respond to their policy environment, advocates and policymakers can create or modify policy to better support LGBTQ+ young people and their families,” the report said.

Their joint report is based on data gleaned from The Trevor Project’s 2024 U.S. National Survey on the Mental Health of LGBTQ+ Young People, which collected responses from more than 18,600 LGBTQ+ individuals between the ages of 13 and 24. It also incorporates data from Movement Advancement Project, a Boulder, Colorado-based group that tracks LGBTQ+-related laws and policies throughout the U.S. and its territories and assigns each a negative or positive policy index.

More than a quarter (27%) of respondents lived in states with negative policy indexes, the report said. Those individuals were more likely than their counterparts to consider moving to other states and also likelier to travel to other states to receive health care.

The report noted that not all LGBTQ+ young people and their families desiring to relocate have the resources to do so.

“Notably, the same factors that might preclude the ability of LGBTQ+ young people and their families from moving, such as poverty, housing discrimination, and employment access, are the same ones that disproportionately affect LGBTQ+ people of color and increase their risk of mental health and suicide,” the report said.

January 22, 2025 0

Same-sex marriages will soon become legal in Thailand after historic law

*This first appeared on AP News

BANGKOK (AP) — They have been in a committed relationship for more than 13 years, and even had a wedding in 2019. Since then, Danaya Phonphayung and Sunma Piamboon, both women, have considered themselves a married couple, even if same-sex marriages were not legally recognized.

The walls of their home in suburban Bangkok are decorated with faded photos from their happy union, filled with joy and love from their families and friends. Come this Thursday, their wedded status will be recognized by the nation as well, when a law that allows members of the LGBTQ+ community in Thailand to get married and have the same legal rights as heterosexual couples takes effect.

The couple said they can’t wait to formalize their union. They plan to register their marriage at a district office near their home on the very first day that the law allows.

“I think I’ll cry,” Danaya, an office worker, said with a big smile, thinking about the moment that they will sign the paper. “I’m so happy. It’s something that was more than I could’ve dreamed of, that suddenly this day is happening.”

“We live together. We bought a house. We bought a car. But we cannot share these things together like a married couple. When this is happening, we feel that it’s our rights that we need to secure as quickly as possible,” she said.

The marriage equality bill, which sailed through both the House of Representatives and the Senate, amended the Civil and Commercial Code to change the words “men and women” and “husband and wife” to “individuals” and “marriage partners.” It would open up access to full legal, financial and medical rights for LGBTQ+ couples.

Sunma, who owns a travel agency, said that she had realized how crucial being legally married was when Danaya was hospitalized with dengue fever, as they don’t live close to her parents.

“The doctors asked me who I was, and I said I was the girlfriend, and they were like, ‘so what’?’ I couldn’t make any decision until her condition became quite serious,” she said. “I was so upset, like, if I had lost her … there would be nothing that could’ve made up for it. So, I think this is very important for both of us.”

How marriage equality became law

Thailand has a reputation for acceptance and inclusivity, but struggled for decades to pass a marriage equality law. Thai society largely holds conservative values. Members of the LGBTQ+ community say they face discrimination in everyday life, although they note that things have improved greatly in recent years.

The government led by the Pheu Thai party made marriage equality one of its main goals. It made a major effort to identify itself with the annual Bangkok Pride parade in June, in which thousands of people celebrated in one of Bangkok’s busiest commercial districts.

Last week, Government House invited dozens of LGBTQ+ couples and activists for a photo op and a meeting with Prime Minister Paetongtarn Shinawatra and several high ranking officials to celebrate the law coming into effect, making Thailand the first in Southeast Asia and the third place in Asia, after Taiwan and Nepal, to legalize same-sex marriage.

“It is almost like a dream, but it’s not. So, congratulations to all,” Paetongtarn said. “I think it’s very important that the world notice us, and know that in this small country we have this kind of thought. We have this kind of support for our people. So, we all should be proud.”

The organizers of Bangkok Pride have collaborated with relevant government agencies to hold a grand celebration in central Bangkok and facilitate couples who wish to register their marriage on the very first day. They said that more than 300 couples have registered to officially tie the knot on Thursday at the event.

“(The law) is about returning our dignity, and confirming that we also have dignity as a human being,” said Ann “Waaddao” Chumaporn, a gender equality activist and the lead organizer of Bangkok Pride. “That day is going to be meaningful to all the couples that have gone through this journey together. I’d like to thank everyone, every love, that has faithfully struggled so that today would finally happen.”

How the law will be implemented

The government and state agencies in Thailand are historically traditional in outlook. To prepare them for change, the Bangkok Metropolitan Administration said that it has organized workshops for staff of all Bangkok district offices who are in charge of handling marriage registration. They included lectures raising awareness about gender diversity and guidance on how to properly communicate with those who come for the service.

“It’s like a missing piece of the jigsaw,” Bangkok Deputy Gov. Sanon Wangsrangboon said at one of the workshops earlier this month. “Society is ready. The law is getting ready. But the last piece of the jigsaw is the understanding from officials.”

He acknowledged there that would be problems in the beginning, but said that he hoped they would gradually improve over time.

After they register their marriage, Sunma said that she’s looking forward to having a “real marriage celebration” with her and Danaya’s families.

“It’s not just the two of us that are happy, but both of our families feel it is a big deal, and it is what everyone has been waiting for. Everyone said they are waiting for Jan. 23,” she said.

January 22, 2025 0

GOP mailer bashed Ted Cruz’s opponent for letting a trans girl play girls sports. It was all lies.

This blog is originally appeared at LGBTQ Nation.

A recent mailer from the Texas GOP is facing backlash for misrepresenting the story of a trans man and former high school wrestler, Mack Beggs.

The mailer targets Rep. Colin Allred (D-TX), who is challenging Ted Cruz (R-TX) for his Senate seat. It features a blurred image of Beggs when he was an out trans boy competing in girls’ sports, with the text: “Colin Allred failed to protect women’s sports, supporting boys competing with girls.”

At the time, the Texas University Interscholastic League (UIL), which governs public school sports, had prohibited Beggs from joining boys’ teams due to the gender marker on his birth certificate. While transitioning and taking testosterone, Beggs wrestled on the girls’ teams, becoming the center of controversy, particularly after winning state championships in 2017 and 2018.

Rep. Allred has consistently supported trans inclusion in sports, voting against bills that would have barred trans women from participating in women’s sports.

Beggs, now speaking out, expressed concern for his and his family’s safety due to the mailer’s misleading use of his image. “How they’re using my photo, it’s just very misleading. It’s not OK,” he told the Houston Chronicle. He is now seeking legal advice from the American Civil Liberties Union.

On Instagram, Beggs condemned the Texas GOP’s use of his story. “The Republican State of Texas Government has decided to USE my image for yet again one of their political campaigns,” he wrote. “I have already had a few people let me know about this campaign ad paid for and by the Republican Party in TX. NOT COOL. 🚫”

He added: “The fact they are STILL using my story and FACE for their political agendas. It’s sickening at this point.”

October 14, 2024 0

The Nebraska Supreme Court has upheld a law that restricts both medical care for transgender youth and abortion access

This blog originally appeared at ABC NEWS.

The Nebraska Supreme Court has upheld a law that restricts access to both medical care for transgender youth and abortion.

OMAHA, Neb. — The Nebraska Supreme Court has ruled that a state law combining abortion restrictions with measures limiting gender-affirming health care for minors does not breach a state constitutional amendment requiring bills to address only one subject.

The court acknowledged that abortion and gender-affirming care are distinct types of medical care but concluded that the law falls under the broad category of medical care, thus complying with Nebraska’s single-subject rule. Chief Justice Mike Heavican, writing for the majority, referred to an 1895 ruling, emphasizing that a bill with a general object and a title that fairly expresses the subject does not violate the single-subject rule.

The ruling came in response to a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of Planned Parenthood of the Heartland. The lawsuit challenged the law, which restricts abortion to 12 weeks of pregnancy, bans gender-confirming surgery, and limits hormone treatments for transgender minors. The ACLU’s arguments that the hybrid law violated Nebraska’s single-subject rule were rejected by the high court.

Originally, Nebraska lawmakers proposed separate bills: one banning abortion at around six weeks of pregnancy and another restricting gender-affirming treatments for minors. The Legislature combined these measures into a single bill after the six-week abortion ban faced a filibuster. This combination was one of the most controversial pieces of legislation in the 2023 session, leading to an extended filibuster by some lawmakers.

A district judge had previously dismissed the lawsuit, prompting the ACLU to appeal. During the high court arguments, state attorneys argued that combining the measures under health care did not breach the single-subject rule, while Planned Parenthood contended that the Legislature had recognized abortion and transgender care as separate issues by introducing them as distinct bills.

Justice Lindsey Miller-Lerman’s dissent criticized the majority for applying inconsistent standards, accusing the court of giving undue leeway to the Legislature. She argued that the bill should have adhered strictly to the constitutional requirement for a single subject.

Opponents of the ruling expressed disappointment. ACLU Nebraska Executive Director Mindy Rush Chipman and Planned Parenthood North Central States President and CEO Ruth Richardson criticized the decision, emphasizing its potential negative impacts on Nebraskans, particularly in rural areas and among marginalized communities.

Nebraska Governor Jim Pillen and the state’s attorney general praised the ruling. Pillen highlighted his role in advocating for the bill’s passage.

Since the U.S. Supreme Court overturned Roe v. Wade in 2022, many Republican-controlled states have enacted abortion bans. Currently, 14 states have bans at all pregnancy stages, while Nebraska and North Carolina have implemented 12-week bans. Similarly, many GOP-controlled states have restricted gender-affirming care for minors, with 22 states enforcing such measures.

In contrast, several Democratic-controlled states have adopted policies to protect abortion and gender-affirming care access, including efforts to shield healthcare providers from out-of-state investigations.

Nebraska voters may have the final say on abortion access with two potential ballot questions in November: one proposing to add a right to abortion to the state constitution and another to enshrine the 12-week ban in the state constitution.

Federal appeals court rules that there is no inherent right to alter one’s sex on a birth certificate.

This blog originally appeared at ABC NEWS.

A federal appeals court panel has ruled that Tennessee does not unconstitutionally discriminate against transgender people by not allowing them to change the sex designation on their birth certificates.

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NASHVILLE, Tenn. — A federal appeals court panel ruled 2-1 on Friday that Tennessee does not unconstitutionally discriminate against transgender people by not allowing them to change the sex designation on their birth certificates.

“There is no fundamental right to a birth certificate recording gender identity instead of biological sex,” 6th U.S. Circuit Court of Appeals Judge Jeffrey Sutton wrote for the majority in the decision upholding a 2023 district court ruling. The plaintiffs could not show that Tennessee’s policy was created out of animus against transgender people as it has been in place for more than half a century and “long predates medical diagnoses of gender dysphoria,” Sutton wrote.

He noted that “States’ practices are all over the map.” Some allow changes to the birth certificate with medical evidence of surgery. Others require lesser medical evidence. Only 11 states currently allow a change to a birth certificate based solely on a person’s declaration of their gender identity, which is what the plaintiffs are seeking in Tennessee.

Tennessee birth certificates reflect the sex assigned at birth, and that information is used for statistical and epidemiological activities that inform the provision of health services throughout the country, Sutton wrote. “How, it’s worth asking, could a government keep uniform records of any sort if the disparate views of its citizens about shifting norms in society controlled the government’s choices of language and of what information to collect?”

The plaintiffs — four transgender women born in Tennessee — argued in court filings that sex is properly determined not by external genitalia but by gender identity, which they define in their brief as “a person’s core internal sense of their own gender.” The lawsuit, first filed in federal court in Nashville in 2019, claims Tennessee’s prohibition serves no legitimate government interest while it subjects transgender people to discrimination, harassment and even violence when they have to produce a birth certificate for identification that clashes with their gender identity.

In a dissenting opinion, Judge Helene White agreed with the plaintiffs, represented by Lambda Legal.

“Forcing a transgender individual to use a birth certificate indicating sex assigned at birth causes others to question whether the individual is indeed the person stated on the birth certificate,” she wrote. “This inconsistency also invites harm and discrimination.”

Lambda Legal did not immediately respond to emails requesting comment on Friday.

Tennessee Attorney General Jonathan Skrmetti said in a statement that the question of changing the sex designation on a birth certificate should be left to the states.

“While other states have taken different approaches, for decades Tennessee has consistently recognized that a birth certificate records a biological fact of a child being male or female and has never addressed gender identity,” he said.

Read more

July 23, 2024 0

Judge rules that DeSantis’s ban on transgender care is unconstitutional

This blog originally appeared at WASHINGTON POST.

A federal judge blocked most provisions of the law pushed by Florida Gov. Ron DeSantis that banned gender-affirming care for children and restricted it for adults.

“The decision, issued on Tuesday, struck down most of a law supported by Florida Governor Ron DeSantis (R) that severely restricted transgender healthcare for adults and completely banned it for children.

U.S. District Judge Robert L. Hinkle rejected a prevailing argument from the DeSantis administration that denied the existence of transgender individuals, emphasizing in his ruling that “gender identity is real” and that the state cannot withhold treatment from them. Hinkle drew parallels between prejudice against transgender people and discrimination rooted in racism and misogyny.

“Florida has enacted legislation and regulations that prohibit gender-affirming care for minors, even when it is medically necessary,” Hinkle wrote. “This ban violates the Constitution.”

The decision, which arose from a lawsuit filed by parents of transgender children and adults, was celebrated by many in the LGBTQ community as a significant triumph. While several states have recently banned gender-transition care for minors, Florida’s law was the first to restrict care for adults.”

Under the legislation, nurse practitioners were prohibited from prescribing hormones to transgender adults. Although doctors could technically provide care, a shortage of physicians meant that many transgender adults struggled to find accessible treatment. Some individuals left the state, while others went without necessary medical care.

Joey Knoll, who established Spektrum Health in Orlando in 2018 to provide healthcare to transgender individuals, stated that Hinkle’s ruling allows him and his team to promptly address a backlog of over 300 patients awaiting hormone prescriptions.

“Judge Hinkle clearly identified this as a situation involving bias and discrimination,” Knoll remarked. “He thoroughly examined the evidence and acknowledged that fact.”

Jeremy Redfern, press secretary for Governor DeSantis, indicated that the state plans to appeal the decision.

“In an email, Redfern wrote, ‘Under Governor Ron DeSantis, Florida will continue to fight to ensure children are not chemically or physically mutilated in the name of radical, new age ‘gender ideology.’ He added that the law limiting transgender care was passed by elected representatives to protect the children of this state and that Hinkle was wrong to override their wishes.”

“These procedures do permanent, life-altering damage to children, and history will look back on this fad in horror,” Redfern wrote.

In his decision, Hinkle, appointed by President Bill Clinton, referenced statements from DeSantis and Republican legislators regarding “mutilating our children,” yet noted the state provided no evidence that such surgeries have ever occurred in Florida.

The plaintiffs in the lawsuit did not contest the restrictions on surgeries.

Judge Hinkle also criticized the “frenzied rhetoric” from Tallahassee, highlighting a lawmaker who publicly referred to transgender witnesses during a committee hearing on a related bill as “mutants” and “demons,” which he described as “direct evidence of that member’s animosity.”

Furthermore, the law, in conjunction with regulations from the state’s Health Care Administration board, mandated that healthcare providers obtain patient signatures on lengthy forms that Hinkle deemed “inaccurate and misleading in significant ways.”

One of the Floridians who sued, Lucien Hamel, said the decision was a relief.

“The state has no place interfering in people’s private medical decisions, and I’m relieved that I can once again get the healthcare that I need here in Florida,” Hamel said in a statement released by the lawyers who represented him and others in the case.

The mother of another plaintiff, who sued under the name Susan Doe to protect her daughter’s identity, also cheered the ruling.

One of the plaintiffs in the lawsuit, Lucien Hamel, expressed relief at the decision.

“The state has no right to interfere in people’s private medical decisions, and I’m relieved that I can once again access the healthcare I need here in Florida,” Hamel said in a statement issued by the attorneys representing him and others involved in the case.

The mother of another plaintiff, identified as Susan Doe to protect her daughter’s identity, also celebrated the ruling.

“This decision means I won’t have to witness my daughter suffering unnecessarily because I couldn’t provide her with the care she needs,” she remarked in a statement. “Seeing Susan’s anxiety over this ban has been one of the most difficult challenges we’ve faced as parents. All we ever wanted was to alleviate that fear and support her in continuing to be the happy, confident child she is today.”

Judge calls DeSantis ban on transgender care unconstitutional https://www.washingtonpost.com/nation/2024/06/11/florida-lgbtq-trans-health/

June 26, 2024 1

Utah’s Anti-Trans Bathroom Snitch Line Got 12,000 Tips. None Could Be Verified.

This blog originally appeared at THEM.

Utah’s Anti-Trans Bathroom Snitch Line Got 12,000 Tips. None Could Be Verified

Six Weeks After Launch, Utah’s Anti-Trans Bathroom Tip Line Received 12,000 Reports, None Verified

Six weeks after Utah Republicans introduced a public “snitch form” to report transgender individuals using bathrooms in government facilities, the state auditor’s office has received over 12,000 reports—none of which could be verified.

The tip line was established following the passage of HB 257, sponsored by second-term GOP Rep. Kera Birkeland. The law mandates that all government bathrooms and locker rooms be designated based on a person’s assigned sex at birth. It also requires government institutions to create their own “privacy compliance plan” in accordance with the law. Violations are classified as criminal trespass offenses, a class A misdemeanor in Utah.

However, shortly after the form went live in early May, it was inundated with spam, including numerous memes and at least one picture of bull testicles.

Since its launch, the form has received more than 12,000 submissions, Utah Auditor John Dougall confirmed to the Salt Lake Tribune this week. Just five of those were deemed “plausible,” Dougall said, but his office was “unable to substantiate” any of them. In essence, the tip line has produced no verifiable cases.

The closest Dougall reportedly came to finding a case to pursue was from a report against the state Department of Corrections, which did not come through the online form. According to the Tribune, Dougall’s office received a letter earlier this month alleging that an employee in the administrative offices allowed an individual to use a sex-designated restroom that did not align with their sex. However, Dougall confirmed he was unable to substantiate the complaint.

Dougall also noted that he has instructed state agencies to adopt “privacy compliance plans,” but there has been significant confusion about how to implement these plans. According to a statement from Dougall’s office to the Tribune, “there is a lack of clarity regarding which entity has the duty to adopt a privacy compliance plan in situations when multiple entities either share use or control of facilities for which a plan is required.” Essentially, the overlapping jurisdiction of government facilities complicates the establishment and oversight of these policies.

In summary, Utah Republicans have likely invested hundreds of work hours and significant taxpayer dollars on a tip line that, in a month and a half, has primarily been used for trolling. Utah Auditor John Dougall has been particularly critical of this debacle. He has released multiple videos on social media mocking his new role as a government “bathroom monitor” and criticizing Rep. Kera Birkeland and other legislators for enacting HB 257.

“It seems like this part of the bill was more about show than substance,” remarked John Dougall in a video filmed in a public bathroom and released in mid-May. “But it wouldn’t be the first time the legislature did something like that, would it?”

https://www.them.us/story/utah-anti-trans-bathroom-tipline-none-verified

June 25, 2024 0